Editor’s note–Ordinance 00-50
adopted December 4, 2000, and Ordinance 01-55 adopted March 5, 2001,
are not incorporated into the zoning ordinance provided herein. These
specific ordinances, as adopted by the city, are hereby specifically
saved from repeal and shall be maintained on file in the office of
the city secretary.
ORDINANCE NO. [99-41]
AN ORDINANCE OF THE CITY OF PARADISE, TEXAS, ADOPTING A COMPREHENSIVE
ZONING PLAN AND ZONING MAP AND DIVIDING THE CITY INTO SEVERAL DISTRICTS;
ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS AND CREATING ZONING
DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN; WITHIN SUCH DISTRICTS
REGULATING THE USE OF LAND, BUILDINGS AND STRUCTURES; REGULATING THE
HEIGHT, SIZE, AND LOCATIONS OF BUILDINGS; ESTABLISHING DENSITY, OPEN
SPACE, SCREENING, AND MINIMUM OFF-STREET PARKING REQUIREMENTS; REGULATING
THE ERECTION, REPAIR, AND ALTERATION OF ALL BUILDINGS AND STRUCTURES;
PROVIDING FOR SPECIFIC USE PERMITS FOR CERTAIN USES; RECOGNIZING NONCONFORMING
USES AND STRUCTURES AND PROVIDING RULES FOR THE REGULATION THEREOF;
PROVIDING FOR CERTIFICATES OF OCCUPANCY AND COMPLIANCE; DEFINING CERTAIN
TERMS; PROVIDING A METHOD OF AMENDMENT; PROVIDING A PENALTY FOR VIOLATION
OF SUCH ORDINANCE; PROVIDING A SAVING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARADISE,
TEXAS, THAT A COMPREHENSIVE ZONING ORDINANCE AND MAP ARE HEREBY PASSED
AND APPROVED WHICH SHALL PROVIDE AS FOLLOWS:
This ordinance shall be known and may be cited as “The
City of Paradise Zoning Ordinance.”
(Ordinance 99-41 adopted 11/2/99)
Zoning Regulations and Districts are herein established in accordance
with a Comprehensive Plan for the purpose of promoting the health,
safety, morals and general welfare of the citizens of the City. They
are designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to provide adequate light and
air; to prevent the overcrowding of land, and to avoid undue concentration
of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. They
have been established with reasonable consideration for the character
of each district and its peculiar suitability for the particular uses
specified; and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City.
(Ordinance 99-41 adopted 11/2/99)
3.1. The City
of Paradise, Texas, is hereby divided into zoning districts as listed
in this section.
ABBREVIATED DESIGNATION
|
ZONING DISTRICT NAME
|
---|
A
|
Agricultural District
|
R-1
|
Single-Family Residential District
|
R-2
|
Multifamily Residential District
|
MHP
|
Manufactured Home Park District
|
MHS
|
Manufactured Home Subdivision District
|
B-1
|
General Business District
|
I-1
|
Manufacturing/Industrial District, Light
|
I-2
|
Manufacturing/Industrial District, Heavy
|
PD
|
Planned Development District
|
FP
|
Flood Plain District (overlay district)
|
3.2. Description
and Purpose of Zoning Districts
A - Agricultural District: This district
provides for the continuance of farming, ranching, and gardening activities
on land being utilized for these purposes. When land in an Agricultural
District is needed for urban purposes, it is anticipated the zoning
will be changed to the appropriate zoning district(s) to provide for
orderly growth and development in accordance with the Comprehensive
Plan.
R-1 - Single-Family Residential District: The R-1 district permits residential development of densities up
to four (4) units per gross acre.
R-2 - Multiple-family Dwelling District: The MF district permits multifamily developments of maximum densities
of twenty (20) units per acre, except under special mitigation conditions.
MHP - Manufactured Home Park District: The MHP district establishes a category in which manufactured home
park development with a maximum density of not more than six (6) units
per gross acre [can occur].
MHS - Manufactured Home Subdivision District establishes a category in which manufactured home subdivision development
with a maximum density of approximately five (5) units per gross acre
can occur.
B-1 - General Business District: The
B-1 District permits virtually all business, commercial, and office
uses, including single-family residential uses but excluding industrial
and storage uses.
I-1 - Manufacturing/Industrial District: The Light Manufacturing/Industrial District (I-1) is established
to accommodate uses of a non-nuisance type located in relative proximity
to residential and B-1 business areas. Development in the I-1 district
is limited primarily to certain wholesale, jobbing, and warehouse
uses and certain specialized manufacturing and research uses of a
type which will not create a nuisance. Single-family residential uses
are permitted in this district.
I-2 - Manufacturing/Industrial District, Heavy: The Heavy Manufacturing/Industrial District (I-2) is established
to accommodate industrial uses likely to create noise, traffic, odor,
and/or other conditions incompatible with most residential and commercial
uses.
PD - Planned Development District: The
Planned Development District provides a zoning category for the planning
and development of larger tracts of land or tracts of land with unique
characteristics for a single use or combination of uses requiring
flexibility and variety in design to achieve orderly development with
due respect to the protection of surrounding property.
FP - Flood Plain District: Zoning districts
located in flood hazard areas which are subject to periodic inundation
shall be preceded by the prefix FP, indicating a subdistrict. Areas
designated FP may be used only for those uses listed in the provisions
of Section 16 [17] until a use in any area or any portion thereof
located in FP subdistrict has been approved by the City Council. Approval
shall only be given after engineering studies determine that the area,
or any portion thereof, is suitable for uses in the district, and
building construction or development would not create an obstruction
to drainage nor a hazard to life or property, and that such construction
is not contrary to the public interest.
(Ordinance 99-41 adopted 11/2/99)
4.1. Zoning
District Boundaries Delineated on Zoning District Map.
The boundaries of the zoning districts set out herein are delineated
upon the Zoning District Map of the City of Paradise, Texas, said
map being hereby adopted as part of this ordinance as fully as in
the same were set forth herein in detail.
4.2. Regulations
for Maintaining Zoning District Map.
Two (2) original,
official, and identical copies of the Zoning District Map are hereby
adopted bearing the signature of the Mayor and attestation of the
City Secretary and shall be filed and maintained as follows:
4.2.1. One
copy shall be filed with the City Secretary, to be retained as the
original record and shall not be changed in any manner.
4.2.2. One
copy shall be filed with the City Secretary and shall be maintained
up-to-date by posting thereon all changes and subsequent amendments
for observation in issuing building permits and for enforcing the
Zoning Ordinance. A written record (logbook) shall be kept by the
City Secretary of all changes made to the Zoning District Map.
4.2.3. Reproductions
of the official Zoning District Map may be made for information purposes.
(Ordinance 99-41 adopted 11/2/99)
5.1. Rules
for Determining District Boundaries.
The district boundary
lines shown on the zoning district map are usually along streets,
alleys, property lines, or extensions thereof. Where uncertainty exists
as to the boundaries of districts as shown on the official zoning
map, the following rules shall apply:
5.1.1. Boundaries
indicated as approximately following streets, highways, or alleys
shall be construed to follow the centerline of such street, highway,
or alley.
5.1.2. Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lines.
5.1.3. Boundaries
indicated as approximately following city limits shall be construed
as following city limits.
5.1.4. Boundaries
indicated as following railroad or utility lines shall be construed
to be the centerline of the right-of-way; if no centerline is established,
the boundary shall be interpreted to be midway between the right-of-way
lines.
5.1.5. Boundaries
indicated as approximately following the centerlines of streams, drainageways,
or other bodies of water shall be construed to follow such centerlines.
5.1.6. Boundaries
indicated as parallel to or extensions of features indicated in 5.1.1
through 5.1.5 above shall be so construed. Distances not specifically
indicated on the original Zoning Map shall be determined from the
graphic scale on the map.
5.1.7. Whenever
a street, alley or other public way is vacated by official action
of the City Council, or whenever a street or alley area is franchised
for building purposes, the zoning district line adjoining each side
of such street, alley, or other public way shall be automatically
extended to the centerline of such vacated street, alley, or way,
and all areas so involved shall then and henceforth be subject to
all regulations of the extended districts.
5.1.8. Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections
5.1.1 through 5.1.7, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A - Agricultural District, temporarily. In an area determined to be temporarily classified as A - Agricultural District, no person shall construct, add to or alter any building or structure or cause the same to be done, nor shall any use be located therein or on the land which is not permitted in an A - Agricultural District, unless and until such territory has been zoned to permit such use by the City Council. It shall be the duty of the City Council to determine a permanent zoning for such area as soon as practicable.
(Ordinance 99-41 adopted 11/2/99)
6.1. Permanent
Zoning Concurrent with Annexation.
An area or areas being
annexed to the City of Paradise shall ordinarily be given permanent
zoning concurrently with the annexation.
6.2. Temporary
Classification.
In instances in which the zoning of an
annexed territory concurrently with the annexation is impractical,
the annexed territory shall be temporarily classified as A - Agricultural
District, until permanent zoning is established by the City Council.
The procedure for establishing permanent zoning on annexed territory
shall conform to the procedure established by law for the adoption
of original zoning regulations. The City Council shall determine a
permanent zoning for such area as soon as practicable after annexation.
6.3. Regulations
in Areas Temporarily Classified.
In an area temporarily
classified as A - Agricultural District:
6.3.1. No
person shall erect, construct, or proceed or continue with the erection
or construction of any building or structure or cause the same to
be done in any newly annexed territory to the City of Paradise without
first applying for and obtaining a building permit or certificate
of occupancy from the building official or the City Council, as may
be required.
6.3.2. No
permit for the construction of a building or use of land shall be
issued by the Building Official other than a permit which will allow
the construction of a building permitted in the Agricultural District,
unless and until such territory has been classified in a zoning district
other than the Agricultural District by the City Council in the manner
prescribed by the law.
(Ordinance 99-41 adopted 11/2/99)
7.1. Compliance
With Zoning Regulations Required.
All land, buildings,
structures, or appurtenances thereon located within the City of Paradise
which are hereafter occupied, used, erected, altered, removed, placed,
demolished, or converted shall be occupied, used, erected, altered,
removed, placed, demolished, or converted in conformance with the
zoning regulations prescribed for the zoning district in which such
land or building is located as hereinafter provided.
7.2. Building
Permits Prohibited Without Plat.
No permit for the construction
or placement of a building or buildings upon any tract or plot shall
be issued unless the plot or tract is part of a plat of record, properly
approved by the Planning and Zoning Commission and City Council and
filed in the Plat Records of the county or counties in which the plot
or tract is located.
7.3. Exclusions.
Nothing herein contained shall require any change in the plans,
construction, or designated use of a building under construction at
the time of the passage of this ordinance and which entire building
shall be completed within one (1) year from the date of the passage
of this ordinance.
7.4. One Main
Building on a Lot or Tract.
Only one main building for
one-family or two-family use with permitted accessory buildings may
be located upon a lot or tract. Every dwelling shall face or front
upon a public street or approved place other than an alley, which
street or approved place shall have a minimum width of twenty-two
(22) feet. Where a lot is used for retail and dwelling purposes, more
than one main building may be located upon the lot but only when such
buildings conform to all the open space, parking, and density requirements
applicable to the uses and districts. Whenever two or more main buildings,
or portions thereof, are placed upon a single lot or tract and such
buildings will not face upon a public street, the same may be permitted
when the site plan for such development is approved by the City Council.
No parking area, storage area, or required open space for one building
shall be computed as being the open space, yard, or area requirements
for any other dwelling or other use.
(Ordinance 99-41 adopted 11/2/99)
8.1. General
Purpose and Description.
The Agricultural District is
intended to apply to land situated on the fringe of an urban area,
used for agricultural purposes, and which may become an urban area
in the future. Therefore, the agricultural activities conducted in
the Agricultural District should not be detrimental to urban land
uses and intensity of use permitted in this district is intended to
encourage and protect agricultural uses until urbanization is warranted
and the appropriate change in district classification is made.
8.2. Permitted
Uses.
A building or premise shall be used only for the
following purposes:
8.2.1. Single-family
dwellings on building lots of two (2) acres or more in areas where
said dwellings can be adequately served by city utilities or septic
tanks located on the building lot.
8.2.2. Telephone
exchange, provided no public business and no repair or outside storage
facilities are maintained; gas lines; and gas regulating stations.
8.2.3. Accessory
buildings and structures clearly incidental to agricultural operations,
including but not limited to barns, stables, equipment sheds, granaries,
private garages, pump houses, and servant’s quarters not for
rent, provided that the total area of buildings and structures shall
be limited to ten percent (10%) of the gross land area of the tract.
8.2.4. Temporary
metal buildings of less than six hundred (600) square feet which are
used for tool and supply storage.
8.2.5. Riding
academy or other equestrian related activities.
8.2.6. Other
uses as listed in Section 18 of this ordinance.
8.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in the Agricultural District, when granted in accordance with Section
21:
8.3.1. Uses
as listed in Section 18 of this ordinance.
8.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
8.5. Parking
Regulations.
Two (2) covered spaces behind the front
yard line for single-family dwelling units and HUD-Code manufactured
homes. Other off-street parking space regulations are set forth in
Section 22.
(Ordinance 99-41 adopted 11/2/99)
9.1. General
Purpose and Description.
The Single-Family Residential
District - 1 is designed to accommodate the standard single-family
residential development. The district can be appropriately located
in proximity to multifamily residential areas and certain neighborhood
local retail and office uses. Densities in this district will not
exceed four (4) units per gross acre.
9.2. Permitted
Uses.
A building or premises in an R-1 District shall
be used only for the following purposes:
9.2.1. Uses
as listed in Section 18 of this ordinance.
9.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in an R-1 District, when granted in accordance with Section 21:
9.3.1. Uses
as listed in Section 18 of this ordinance.
9.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
9.5. Parking
Regulations.
A minimum of two (2) parking spaces shall
be provided per unit behind the building line. Other off-street parking
space regulations are set forth in Section 22.
(Ordinance 99-41 adopted 11/2/99)
10.1. General
Purpose and Description.
The Multifamily Residential
District is intended to provide for medium to higher density residential
development. This district functions as a buffer or transition between
major streets, nonresidential areas, or higher density residential
areas and lower density residential areas. Density in this district
does not ordinarily exceed fifteen (15) units per gross acre but can
reach a maximum of twenty-five (25) units per gross acre if special
fire protection requirements are observed (see Section 10.8).
10.2. Permitted
Uses.
A building or premise shall be used only for the
following purposes:
10.2.1. Uses as listed in Section 18 of this ordinance.
10.3. Permitted
Specific Uses.
The following specific uses shall be permitted
when granted in accordance with Section 21:
10.3.1. Uses as listed in Section 18 of this ordinance.
10.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height. and Coverage Regulations.
When buildings exceed one (1) story in height, an automatic
sprinkler system shall be installed in accordance with existing fire
codes and each unit shall have two (2) points of entry or exit.
|
10.5. Parking
Regulations.
Two and one-half (2.5) off-street parking
spaces shall be provided per unit. Required parking may not be provided
within the required front yard. Other off-street parking spaces regulations
are set forth in Section 22.
10.6. Refuse
Facilities.
Every dwelling unit in a multifamily complex
shall be located within two hundred fifty (250) feet of a refuse facility,
measured along the designated pedestrian and vehicular travel way.
There shall be available at all times at least six (6) cubic yards
of refuse container per thirty (30) multifamily dwelling units. For
complexes with less than thirty (30) units, no less than four (4)
cubic yards of refuse container shall be provided. Each refuse facility
shall be screened from view on three (3) sides from persons standing
at ground level on the site or immediately adjoining property, by
an opaque fence or wall of wood or masonry not less than six (6) feet
nor more than eight (8) feet in height or by an enclosure within a
building. Refuse containers shall be provided and maintained in a
manner to satisfy city public health and sanitary regulations. Each
refuse facility shall be located so as to provide safe and convenient
pick-up by refuse collection agencies.
10.7. Screening
Fence.
Border fencing of wood or masonry of not less
than six (6) feet in height shall be installed by the builder at the
time of construction of any multifamily complex, along the property
line on any perimeter not abutting a public street or right-of-way.
This fence shall be maintained throughout the existence of the multifamily
complex by the owner of the complex.
10.8. Special
Fire Protection Requirements.
Whenever densities of greater
than fifteen (15) units per acre are present, each building in the
development shall contain an automatic sprinkler system to be installed
at the time of construction, and thereafter operated in accordance
with currently applicable fire safety codes.
In addition, each unit in any multi-story design, regardless
of density, shall be provided with two (2) points of entry and exit
with each providing separate access to places of safety in the event
of fire or other emergency.
(Ordinance 99-41 adopted 11/2/99)
11.1. General
Purpose and Description.
The Manufactured Home Park District
is intended to provide for quality mobile home park development and
maintenance. Manufactured home parks are defined as tracts or units
of land under sole ownership where lots are rented or leased as space
to be used for placement of a manufactured home.
11.2. Permitted
Uses.
A building or lot shall be used only for the following
purposes:
11.2.1. Manufactured home park of not less than two (2) acres in size.
11.2.2. Uses normally accessory to a manufactured home park, including office
and/or maintenance buildings for management and maintenance of the
park only, recreation buildings and swimming pools, private clubs,
laundry facilities, storage facilities, and recreation areas for use
by the resident of the park.
11.2.3. Other uses as listed in Section 18 of this ordinance.
11.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in the MHP District when granted in accordance with Section 21:
11.3.1. Boat and recreational vehicle and travel trailer storage yard.
11.3.2. Travel trailer and commercial overnight camping park.
11.3.3. Other uses as listed in Section 18 of this ordinance.
11.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
11.5. Parking
Requirements.
Two (2) spaces shall be provided per unit
located on the lot plus additional spaces for accessory uses as required
in Section 22.
11.6. Additional
Restrictions Applicable to Manufactured Home Park District
11.6.1. Manufactured housing design and construction will comply with construction
and safety standards published by the Department of Housing and Urban
Development pursuant to the requirements of the National Mobile Home
and Safety Standards Act of 1974 and all manufactured homes will be
subject to inspection by the Building Official.
11.6.2. All manufactured homes shall be set on a solid slab structure and/or
18" to 20" runners. Additional rooms and enclosed porches shall be
constructed on a solid slab.
11.6.3. Tie-downs will be required and will be secured prior to occupancy.
11.6.4. Underpinning and skirting will be required and will be installed
prior to occupancy.
11.6.5. Accessory buildings will be either manufactured or constructed in
accordance with city codes.
11.6.6. All manufactured homes and modular homes shall comply with all regulations
of the State of Texas and such regulations are hereby incorporated
into this section.
(Ordinance 99-41 adopted 11/2/99)
12.1. General
Purpose and Description.
The Manufactured Home Subdivision
District is intended to provide for quality mobile home subdivision
development containing many of the characteristics and the atmosphere
of a standard single-family subdivision.
12.2. Permitted
Uses.
A building or premise shall be used only for the
following purposes:
12.2.1. Uses as listed in Section 18 of this ordinance.
12.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in the MHS District, when granted in accordance with Section 21:
12.3.1. Uses as listed in Section 18 of this ordinance.
12.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
12.5. Parking
Requirements.
Two (2) spaces shall be provided per unit
located on the lot plus additional spaces for accessory uses as required
in Section 22.
12.6. Additional
Restrictions Applicable to MHS District
12.6.1. Manufactured housing design and construction will comply with construction
and safety standards published by the Department of Housing and Urban
Development pursuant to the requirements of the National Mobile Home
and Safety Standards Act of 1974 and all manufactured homes will be
subject to inspection by the Building Official.
12.6.2. All manufactured homes shall be set on solid slab structure and/or
18" to 20" runners. Additional rooms and enclosed porches shall be
constructed on a solid slab.
12.6.3. Tie-downs will be required and will be secured prior to occupancy.
12.6.4. Underpinning and skirting will be required and will be installed
prior to occupancy.
12.6.5. Accessory buildings will be either manufactured or constructed in
accordance with city codes.
12.6.6. All manufactured homes and modular homes shall comply with all regulations
of the State of Texas and such regulations are hereby incorporated
into this section.
(Ordinance 99-41 adopted 11/2/99)
13.1. General
Purpose and Description.
The General Business District
is intended for business, commercial, and office needs of the city.
Uses permitted is this district shall not be objectionable to adjacent
or nearby residents of the city because of odor, excessive light,
smoke, dust, noise, vibration, or similar nuisance. Single-family
residential uses are permitted in this district.
13.2. Permitted
Uses.
A building or premise shall be used only for the
following purposes:
13.2.1. Uses as listed in Section 18 of this ordinance.
13.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in the B-1 District, when granted in accordance with Section 21:
13.3.1. Uses as listed in Section 18 of this ordinance.
13.4. Height
and Areas Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
13.5. Parking
Regulations.
Off-street parking and loading shall be
provided as set forth in Section 22.
14.1. General
Purpose and Description.
The Light Manufacturing/Industrial
District is established to accommodate those uses which are of a non-nuisance
type located in relative proximity to residential areas, and to preserve
and protect lands designated on the Comprehensive Plan for industrial
development and use from the intrusion of certain incompatible uses
which might impede the development and use of lands for industrial
purposes. Development in the I-1 District is limited primarily to
certain storage, wholesale, and industrial uses, such as the fabrication
of materials, and specialized manufacturing and research institutions,
all of a non-nuisance type. Single-family residential uses are permitted
in this district.
Uses permitted in the I-1 District are subject to the following
conditions:
14.1.1. All business, servicing, or processing, except for off-street parking,
off-street loading, display of merchandise for sale to the public,
and establishments of the “drive-in” type, shall be conducted
within completely enclosed areas.
14.1.2. All storage within one hundred (100) feet of a residential district,
except for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of such screening.
14.1.3. Permitted uses in the I-1 District shall not disseminate dust, fumes,
gas, noxious odor, smoke, glare, or other atmospheric influence.
14.1.4. Permitted uses in the I-1 District shall produce no noise exceeding
in intensity, at the boundary of the property, the average intensity
of noise of street traffic.
14.1.5. Permitted uses in the I-1 District shall not create fire hazards
on surrounding property.
14.2. Permitted
Uses.
A building or premise shall be used only for the
following purposes:
14.2.1. Uses as listed in Section 18 of this ordinance.
14.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in the I-1 District when granted in accordance with Section 21:
14.3.1. Machine shops and fabrication of metal not more than ten (10) gauge
in thickness.
14.3.2. Accessory uses, including but not limited to temporary buildings
for construction purpose for a period not to exceed the duration of
such construction.
14.3.3. Factory outlet retail or wholesale store for the sales and servicing
of goods or materials on the same premises as the manufacturing company
to which they are related, including sales and service in a separate
building or buildings.
14.3.4. Railroad freight terminals, railroad switching and classification
yards, repair shops, and roundhouses.
14.3.5. Other uses as listed in Section 18 of this ordinance.
14.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
14.5. Parking
Regulations.
Off-street parking requirements shall be
provided in accordance with the specific uses set forth in Section
22.
(Ordinance 99-41 adopted 11/2/99)
15.1. General
Purpose and Description.
The Heavy Manufacturing/Industrial
District is established to accommodate most industrial uses and protect
such areas from the intrusion of certain incompatible uses which might
impede the development and use of lands for industrial purposes.
Uses permitted in the I-2 District are subject to the following
conditions:
15.1.1. All business, servicing, or processing, except for off-street parking,
off-street loading, display of merchandise for sale to the public,
and establishments of the “drive-in” type, shall be conducted
within completely enclosed buildings unless otherwise indicated.
15.1.2. All storage within one hundred (100) feet of a residential district,
except for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively, screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of such screening.
15.1.3. All uses permitted in the I-2 district must meet the following performance
standards and any appropriate city ordinances:
15.1.3.a. Smoke:
No operation shall be conducted unless it conforms
to the standards established by any applicable state and federal health
rules and regulations pertaining to smoke emission;
15.1.3.b. Particulate Matter:
No operation shall be conducted
unless it conforms to the standards established by applicable state
and federal health rules and regulations pertaining to emission of
particulate matter;
15.1.3.c. Dust, Odor, Gas, Fumes, Glare, or Vibration:
No emission
of these matters shall result in a concentration at or beyond the
property line which is detrimental to the public health, safety or
general welfare or which causes injury or damage to property; said
emissions shall in all cases conform to the standards established
by applicable state and federal health rules and regulations pertaining
to said emissions;
15.1.3.d. Radiation Hazards and Electrical Disturbances:
No operation
shall be conducted unless it conforms to the standards established
by applicable state and federal health rules and regulations pertaining
to radiation control;
15.1.3.e. Noise:
No operation shall be conducted in a manner so
that any noise produced is objectionable due to intermittence, beat
frequency, or shrillness. Sound levels of noise at the property line
shall not exceed 75 dB(A) permitted for a maximum of fifteen (15)
minutes in any one (1) hour; said operation shall in all cases conform
to the standards established by applicable state and federal health
rules and regulations and to other city ordinances pertaining to noise;
and
15.1.3.f. Water Pollution:
No water pollution shall be emitted
by manufacturing or other processing. In a case in which potential
hazards exist, it shall be necessary to install safeguards acceptable
to the appropriate State and national health and environmental protection
agencies prior to issuance of a certificate of occupancy. The applicant
shall have the burden of establishing that said safeguards are acceptable
to said agency or agencies.
15.2. Permitted
Uses.
The following uses shall be permitted:
15.2.1. Uses as listed in Section 18 of this ordinance.
15.3. Permitted
Specific Uses.
The following specific uses shall be permitted
in the I-2 District when granted in accordance with Section 21:
15.3.1. Uses as listed in Section 18 of this ordinance.
Other manufacturing and industrial uses which do not meet the
general definition for manufacturing processes may be permitted by
the City Council after public hearing and review of the particular
operational characteristics of each such use, and other pertinent
data affecting the community’s general welfare. Approval of
uses under this section shall be made in accordance with Section 29.2.2.6.
|
15.4. Height
and Area Regulations.
See Appendix
1, Area, Setback, Height, and Coverage Regulations.
15.5. Parking
Regulations.
Required off-street parking shall be provided
in accordance with the specific uses set forth in Section 22.
(Ordinance 99-41 adopted 11/2/99)
16.1. General
Purpose and Description.
The Planned Development District
“PD” prefix is intended to provide for combining and mixing
of uses allowed in various districts with appropriate regulations
and to permit flexibility in the use and design of land and buildings
in situations where modification of specific provisions of this ordinance
is not contrary to its intent and purpose or significantly inconsistent
with the planning on which it is based and will not be harmful to
the community. A PD District may be used to permit new and innovative
concepts in land utilization. While great flexibility is given to
provide special restrictions which will allow development not otherwise
permitted, procedures are established herein to insure against misuse
of the increased flexibility.
16.2. Permitted
Uses.
Any use specified in the ordinance granting a Planned
Development District shall be permitted in that district. The size,
location, appearance, and method of operation may be specified to
the extent necessary to insure compliance with the purpose of this
ordinance.
16.3. Development
Standards
16.3.1. Development standards for each separate PD District shall be set
forth in the ordinance granting the PD District and may include but
shall not be limited to uses, density, lot area, lot width, lot depth,
yard depths and widths, building height, building elevations, coverage,
floor area ratio, parking, access, screening, landscaping, accessory
buildings, signs, lighting, management associations, and other requirements
as the City Council may deem appropriate.
16.3.2. In the PD District, the particular district(s) to which uses specified
in the PD are most similar shall be stated in the granting ordinance.
All PD applications shall list all requested variances from the standard
requirements set forth throughout this ordinance (applications without
this list will be considered incomplete).
16.3.3. The ordinance granting a PD District shall include a statement as
to the purpose and intent of the PD granted therein. A specific list
is required of variances in each district or districts and a general
statement citing the reason for the PD request.
16.3.4. The Planned Development District shall conform to all other sections
of the ordinance unless specifically exempted in the granting ordinance.
16.4. Conceptual
and Development Plans.
In establishing a Planned Development District,
the City Council shall approve and file as part of the amending ordinance
appropriate plans and standards for each Planned Development District.
During the review and public hearing process, the City Council shall
require a conceptual plan and a development plan (or detail site plan).
16.4.1. Conceptual Plan.
This plan shall be submitted by the
applicant. The plan shall show the applicant’s intent for the
use of the land within the proposed Planned Development District in
a graphic manner and shall be supported by written documentation of
proposals and standards for development.
16.4.1.1. A conceptual plan for residential land use shall show general use,
thoroughfares, and preliminary lotting arrangements. For residential
development which does not propose platted lots, the conceptual plan
shall set forth the size, type, and location of buildings and building
sites, access, density, building height, fire lanes, screening, parking
areas, landscaped areas, and other pertinent development data.
16.4.1.2. A conceptual plan for uses other than residential uses shall set
forth the land use proposals in a manner to adequately illustrate
the type and nature of the proposed development. Data which may be
submitted by the applicant, or required by the City Council, may include
but is not limited to the types of use(s), topography, and boundary
of the PD area, physical features of the site, existing streets, alleys,
and easements, location of future public facilities, building heights
and locations, parking ratios, and other information to adequately
describe the proposed development and to provide data for approval
which is to be used in drafting the final development plan.
16.4.1.3. Changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which do not alter the
uses permitted or increase the density, building height, or coverage
of the site and which do not decrease the off-street parking ratio,
reduce the yards provided at the boundary of the site, or significantly
alter the landscape plans as indicated on the approved conceptual
plan may be authorized by the building official or his designated
representative. If an agreement cannot be reached regarding whether
or not a detail site plan conforms to the original concept plan, the
City Council shall determine the conformity.
16.4.2. Development Plan or Detailed Site Plan.
This plan shall
set forth the final plans for development of the Planned Development
District and shall conform to the data presented and approved on the
conceptual plan. Approval of the development plan shall be the basis
for issuance of a building permit. The development plan may be submitted
for the total area of the PD or for any section or part as approved
on the conceptual plan. The development plan must be approved by the
City Council. A public hearing on approval of the development plan
shall be required at the Council level, unless such a hearing is waived
pursuant to Section 16.4.3.1 at the time of conceptual plan approval
in the original amending ordinance. The development plan shall include:
16.4.2.1. A site inventory analysis including a scale drawing showing existing
vegetation, natural watercourses, creeks or bodies of water, and an
analysis of planned changes in such natural features as a result of
the development. This should include a delineation of any flood-prone
areas.
16.4.2.2. A scale drawing showing any proposed public or private streets and
alleys; building sites or lots; and areas reserved as parks, parkways,
playgrounds, utility easements, school sites, street widening and
street changes; the points of ingress and egress from existing streets;
general location and description of existing and proposed utility
services, including size of water and sewer mains; the location and
width for all curb cuts and the land area of all abutting sites and
the zoning classification thereof on an accurate survey of the tract
with the topographical contour interval of not more than five (5)
feet.
16.4.2.3. A site plan for proposed building complexes showing the location
of separate buildings, and between buildings and property lines, street
lines, and alley lines. Also to be included on the site plan is a
plan showing the arrangement and provision of off-street parking.
16.4.2.4. A landscape plan showing screening walls, ornamental planting, wooded
areas, and trees to be planted.
16.4.2.5. An architectural plan showing elevations and signage style to be
used throughout the development in all districts except single-family
and two-family may be required by the City Council if deemed appropriate.
Any or all of the required information may be incorporated on a single
drawing if such drawing is clear and can be evaluated by the building
official or his designated representative.
16.4.3. Procedure for Establishment.
The procedure for establishing
a Planned Development District shall follow the procedure for zoning
amendments as set forth in Section 37 [32]. This procedure is expanded
as follows for approval of conceptual and development plans.
16.4.3.1. Separate public hearings shall be held by the City Council for the
approval of the conceptual plan and the development plan or any section
of the development plan, unless such requirement is waived by the
City Council upon a determination that a single public hearing is
adequate. A single public hearing is adequate when:
a) The applicant submits adequate data with the request for the Planned
Development District to fulfill the requirements for both plans; or
b) Information on the concept plan is sufficient to determine the appropriate
use of the land and the detail site plan will not deviate substantially
from it; and
c) The requirement is waived at the time the amending ordinance is approved.
If the requirement is waived, the conditions shall be specifically
stated in the amending ordinance.
16.4.3.2. The ordinance establishing the Planned Development District shall
not be approved until the conceptual plan is approved.
16.4.3.3. The development plan may be approved in sections. When the plan is
approved in sections, the separate approvals by the City Council for
the initial and subsequent sections will be required.
16.4.3.4. An initial development plan shall be submitted for approval within
six (6) months from the approval of the conceptual plan or some portion
of the conceptual plan. If the development plan is not submitted within
six (6) months, the conceptual plan is subject to reapproval by the
City Council. If the entire project is not completed within two (2)
years, the City Council may review the original conceptual plan to
ensure its continued validity.
16.4.3.5. Regardless of whether the public hearing is waived for the development
plan, approval by the City Council is still required.
16.5. Written
Report May Be Required.
When a PD is being considered,
a written report may be requested of the applicant discussing the
impact on planning, engineering, water utilities, electric, sanitation,
building inspection, tax, police, fire, and traffic. Written comments
from the applicable public school district and from private utilities
may be submitted to the City Council.
16.6. Planned
Developments To Be Recorded.
All Planned Development
Districts approved in accordance with the provisions of this ordinance
in its original form, or by subsequent amendment thereto, shall be
referenced on the Zoning District Map, and a list of such Planned
Development Districts, together with the category of uses permitted
therein, shall be maintained in an appendix of this ordinance.
(Ordinance 99-41 adopted 11/2/99)
17.1. General
Purpose and Description.
The Flood Plain District is
designed to provide for the appropriate use of land which has a history
of inundation or is determined to be subject to flood hazard, and
to promote the general welfare and provide protection from flooding
portions of certain districts. Such areas are designated with a Flood
Plain Prefix, FP.
17.2. Permitted
Uses.
The permitted uses in that portion of any district
having a Flood Plain (FP) prefix shall be limited to the following:
17.2.1. Agricultural activities including the ordinary cultivation or grazing
of land and legal types of animal husbandry but excluding construction
of barns or other outbuildings.
17.2.2. Off-street parking incidental to any adjacent main use permitted
in the district.
17.2.4. All types of local utilities including those requiring specific use
permits.
17.2.5. Parks, playgrounds, public golf courses (no structures), and other
recreational areas.
17.2.6. Private open space as part of a Planned Residential Development.
17.2.7. Structures, installations, and facilities installed, operated, and
maintained by public agencies for flood control purposes.
17.2.8. Bridle trail, bicycle, or nature trail.
17.3. City
Council Approval Required.
No structure shall be erected
in that portion of any district designated with a Flood Plain, FP,
prefix until and unless such structure has been approved by the City
Council after engineering studies have been made and it is ascertained
that such building or structure is not subject to damage by flooding
and would not constitute an encroachment, hazard, or obstacle to the
movement of floodwaters and that such construction would not endanger
the value and safety of other property or public health and welfare.
(Ordinance 99-41 adopted 11/2/99)
No land shall hereafter be used and no building or structure
shall hereafter be occupied, used, erected, altered, removed, placed,
demolished or converted which is arranged or designed to be used for
other than those uses specified for the district in which it is located
as set forth by the following Schedule of Uses:
Table 1
|
Accessory and Incidental Uses
|
Table 2
|
Residential Type Uses
|
Table 3A
|
Educational, Institutional, and Special Uses
|
Table 3B
|
Educational, Institutional, and Special Uses
|
Table 4
|
Transportation, Utility, and Communication Uses
|
Table 5
|
Automobile and Related Service Uses
|
Table 6A
|
Office, Retail, Commercial, and Service Type Uses
|
Table 6B
|
Office, Retail, Commercial, and Service Type Uses
|
Table 6C
|
Office, Retail, Commercial, and Service Type Uses
|
Table 7A
|
Manufacturing, Storage, and Warehousing Uses
|
Table 7B
|
Manufacturing, Storage, and Warehousing Uses
|
Table 7C
|
Manufacturing, Storage, and Warehousing Uses
|
Table 7D
|
Manufacturing, Storage, and Warehousing Uses
|
LEGEND FOR INTERPRETING SCHEDULE OF USES
|
---|
Y
|
Designates use permitted in district indicated.
|
|
Designates use prohibited in district indicated.
|
S
|
Designates use which may be approved as Specific Use Permit.
|
Additional regulations relating to use of land and buildings
in individual zoning districts are listed in Sections 8 through 17
and Section 23 of this ordinance.
|
SCHEDULE OF USES - TABLE 1
|
---|
ACCESSORY AND INCIDENTAL USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Accessory building to main use
|
19.7.1
|
^
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Boat; boat trailer
|
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Carport
|
19.7.2
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Construction yard (temporary) (1)
|
19.7.3
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Customary home occupation
|
19.7.5
|
Permitted in any district where residential use is located.
|
Field or sales office, temporary (1)
|
19.7.4
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Garage, private
|
19.7.6
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Motor home
|
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Trailer: travel trailer: cattle trailer, etc.[^^]
|
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Y^
|
Notes:
|
---|
* The number in this column references the description/definition
listed in Section 19.
|
(1) See section 20.2 for additional regulations.
|
^ See section 8.2.3 of this ordinance.
|
^^ See section 22.11.4 of this ordinance for special regulations.
|
SCHEDULE OF USES - TABLE 2
|
---|
RESIDENTIAL TYPE USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Boarding or rooming house
|
19.1.1
|
S
|
S
|
S
|
|
|
Y
|
|
|
Dormitory
|
19.1.2
|
|
|
S
|
|
|
Y
|
|
|
Duplex (see Two-family dwelling)
|
|
|
|
|
|
|
|
|
|
Garden (patio) home
|
19.1.4
|
|
S
|
Y
|
|
|
|
|
|
Guest house
|
19.1.5
|
Y
|
S
|
S
|
|
|
S
|
|
|
Manufactured housing, HUD-Code
|
19.1.6
|
S
|
S
|
S
|
Y
|
Y
|
S
|
|
|
Manufactured home park
|
19.1.7
|
|
|
|
^^^
|
|
|
|
|
Manufactured home subdivision
|
19.1.8
|
|
|
|
|
|
|
|
|
Mobile home
|
19.1.9
|
|
|
|
S
|
S
|
|
|
|
Motel, motor hotel, or motor lodge
|
19.1.10
|
|
|
|
|
|
Y
|
|
|
Multiple-family residence
|
19.1.11
|
|
|
Y
|
|
|
|
|
|
Residence hotel
|
19.1.12
|
|
|
Y^^
|
|
|
Y
|
|
|
Retirement housing
|
19.1.13
|
|
|
Y
|
|
|
Y
|
|
|
Servant’s, caretaker’s or guard’s
|
19.1.14
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Single-family dwelling, attached
|
19.1.15
|
|
|
Y
|
|
|
|
|
|
Single-family dwelling, detached
|
19.1.16
|
^
|
Y
|
S
|
S
|
S
|
S
|
S
|
|
Townhouse or row dwelling
|
19.1.17
|
|
|
Y
|
|
|
|
|
|
Travel trailer park
|
19.1.18
|
S
|
|
|
S
|
|
S
|
S
|
|
Two-family dwelling
|
19.1.20
|
|
S
|
Y
|
|
|
S
|
|
|
Zero lot line house
|
19.1.21
|
|
S
|
Y
|
|
|
|
|
|
Notes:
|
---|
* The number in this column references the description/ definition
listed in Section 19.
|
^ See Section 8.2.1 of this ordinance.
|
^^ See Section 10 of this ordinance for additional regulations.
|
^^^ See Section 11 of this ordinance.
|
SCHEDULE OF USES - TABLE 3A
|
---|
EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Athletic field (See Stadium or playfield, public)
|
|
Y
|
|
|
|
|
Y
|
Y
|
Y
|
Cemetery or mausoleum
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Child-care center (1)
|
19.2.l
|
|
S
|
S
|
S
|
S
|
Y
|
|
|
Church, rectory, place of worship
|
19.2.2
|
S
|
S
|
S
|
S
|
S
|
Y
|
|
|
Civic center
|
19.2.3
|
|
|
|
|
|
Y
|
Y
|
Y
|
College or university
|
19.2.4
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Community center, public
|
19.2.5
|
|
S
|
S
|
S
|
S
|
Y
|
Y
|
|
Community center, private
|
19.2.6
|
|
S
|
S
|
S
|
S
|
Y
|
Y
|
|
Continuing care facility
|
19.2.7
|
|
|
Y
|
S
|
S
|
Y
|
|
|
Country club (private)
|
19.2.8
|
Y
|
S
|
S
|
|
|
|
|
|
Exhibition area
|
19.2.10
|
S
|
|
|
|
|
Y
|
Y
|
S
|
Fairgrounds
|
19.2.11
|
S
|
|
|
|
|
S
|
Y
|
Y
|
Family home (2)
|
19.2.12
|
S
|
S
|
Y
|
S
|
S
|
S
|
|
|
Farm, ranch, or orchard
|
19.2.13
|
Y
|
S
|
|
|
|
|
S
|
S
|
Feedlot, livestock
|
|
S
|
|
|
|
|
|
|
|
Fraternal organization, lodge, or civic club
|
19.2.14
|
S
|
|
|
|
|
Y
|
Y
|
S
|
Golf course
|
19.2.15
|
Y
|
S
|
S
|
|
|
|
S
|
S
|
Golf driving range
|
|
S
|
|
|
|
|
S
|
S
|
Y
|
Greenhouse, commercial
|
19.2.16a
|
Y
|
|
|
|
|
Y
|
Y
|
Y
|
Greenhouse or plant nursery, noncommercial
|
19.2.16b
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Health club; gymnasium
|
|
|
|
|
|
|
Y
|
Y
|
S
|
Hospital (chronic care); long-term health
|
19.2.17
|
|
|
S
|
|
|
Y
|
Y
|
S
|
Hospital (acute care)
|
19.2.18
|
|
|
S
|
|
|
Y
|
Y
|
S
|
Household care facility
|
19.2.19
|
|
S
|
Y
|
S
|
S
|
|
|
|
Household care institution
|
19.2.20
|
|
S
|
Y
|
S
|
S
|
|
|
|
Kennel (no outside pens)
|
19.2.21
|
Y
|
|
|
|
|
S
|
Y
|
Y
|
Kennel (outside pens)
|
19.2.21
|
Y
|
|
|
|
|
|
S
|
S
|
Library
|
19.2.22
|
|
S
|
S
|
|
|
Y
|
Y
|
|
Museum or art gallery
|
19.2.23
|
|
|
|
|
|
Y
|
S
|
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
(1) See Section 20.1 for additional regulations.
|
(2) A family home may not be located within one-half mile of
an existing family home.
|
SCHEDULE OF USES - TABLE 3B
|
---|
EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES (cont.)
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Nursing home (See “Rest home...”)
|
|
|
|
|
|
|
|
|
|
Park, playg’d, or rec. center (public)
|
19.2.26
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
Park, playg’d, or rec. center (private)
|
19.2.27
|
|
S
|
S
|
S
|
S
|
|
|
|
Personal care home (custodial care)
|
19.2.28
|
|
S
|
S
|
S
|
S
|
S
|
|
|
Prison, jail, place of incarceration
|
|
S
|
|
|
|
|
S
|
S
|
S
|
Race track
|
19.2.30
|
S
|
|
|
|
|
|
S
|
S
|
Registered family home
|
19.2.31
|
|
S
|
S
|
S
|
S
|
S
|
|
|
Rehabilitation care facility
|
19.2.32
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Rehabilitation care institution
|
19.2.33
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Rest home or nursing home
|
19.2.34
|
|
S
|
S
|
|
|
Y
|
S
|
|
Rodeo arena and grounds
|
|
|
|
|
S
|
S
|
|
S
|
Y
|
School, private (prim. and/or second.)
|
19.2.35
|
|
S
|
S
|
|
|
Y
|
S
|
|
School, trade or commercial
|
19.2.37
|
S
|
|
|
|
|
S
|
Y
|
Y
|
Shooting range, target range
|
|
S
|
|
|
|
|
|
S
|
S
|
Stable, commercial
|
19.2.38a
|
Y
|
|
|
|
|
|
|
S
|
Stable, private
|
19.2.38b
|
Y
|
|
|
|
|
|
|
|
Stadium or playfield, public
|
19.2.39
|
|
S
|
S
|
S
|
S
|
S
|
|
|
Swimming pool, commercial (1)
|
19.2.40
|
|
S
|
Y
|
|
|
Y
|
S
|
S
|
Swimming pool, private (1)
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
S
|
S
|
S
|
Notes:
|
---|
*The number in this column references the description/definition
listed in Section 19.
|
(1) See Section 20.5 for additional regulations.
|
SCHEDULE OF USES - TABLE 4
|
---|
TRANSPORTATION, UTILITY AND COMMUNICATIONS USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Airport, landing field
|
19.3.1
|
S
|
|
|
|
|
S
|
Y
|
Y
|
Electric power generating plant
|
|
S
|
|
|
|
|
S
|
S
|
Y
|
Electrical substation
|
19.3.2
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Electrical transmission line
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Gas metering station
|
19.3.3
|
Y
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Gas transmission line
|
|
^
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Heliport or helistop
|
19.3.4
|
S
|
|
|
|
|
Y
|
Y
|
Y
|
Landfill
|
|
S
|
|
|
|
|
|
|
|
Liquified petroleum gas, storage & sale (no bulk plants)
|
|
S
|
|
|
|
|
|
|
|
Local utility distribution lines
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Public or private franchised utility (1)
|
19.3.5
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Radio, TV or microwave oper., amateur (2)
|
19.3.6
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Radio, TV or microwave oper., commer. (2)
|
19.3.7
|
S
|
|
|
|
|
S
|
Y
|
Y
|
Railroad station
|
19.3.8
|
|
|
|
|
|
S
|
Y
|
Y
|
Railroad team track & right-of-way
|
19.3.9
|
Y
|
|
|
|
|
Y
|
Y
|
Y
|
Railroad track and right-of-way
|
19.3.10
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Service yards of government agency
|
19.3.11
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Sewage pumping station
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Sewage treatment plant
|
|
S
|
|
S
|
S
|
S
|
S
|
S
|
S
|
Shops, office and/or storage area of public or private utility
|
19.3.12
|
S
|
|
|
|
|
S
|
Y
|
Y
|
Solid waste transfer station
|
19.3.13
|
S
|
|
|
|
|
S
|
S
|
S
|
Telephone exchange
|
19.3.14
|
^
|
|
|
|
|
Y
|
Y
|
Y
|
Telephone line
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Transit station or turnaround
|
|
Y
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Y
|
Water pumping station or well
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Water storage, elevated
|
|
Y
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Water storage, ground
|
|
Y
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Water treatment plant
|
|
Y
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Notes:
|
---|
*The number in this column references a description/definition
listed in section 19.
|
(1) Excluding office buildings, garages, shops, railroad yards,
loading yard, and warehouses.
|
(2) See Section 20.3 of this ordinance.
|
^ See Section 8.2.2 of this ordinance.
|
SCHEDULE OF USES - TABLE 5
|
---|
AUTOMOBILE AND RELATED SERVICE USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Auto laundry
|
19.4.1
|
|
|
|
|
|
Y
|
Y
|
Y
|
Auto leasing
|
19.4.2
|
|
|
|
|
|
S
|
Y
|
|
Auto paint and body shop
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Auto parts sales (inside)
|
19.4.3
|
|
|
|
|
|
Y
|
Y
|
|
Auto parts sales (outside)
|
19.4.4
|
|
|
|
|
|
S
|
Y
|
S
|
Auto repair, major
|
19.4.5
|
|
|
|
|
|
S
|
Y
|
S
|
Auto repair, minor
|
19.4.6
|
|
|
|
|
|
Y
|
S
|
S
|
Automobile and trailer sales area, new
|
19.4.7
|
|
|
|
|
|
Y
|
Y
|
Y
|
Automobile and trailer sales area, used
|
19.4.8
|
|
|
|
|
|
Y
|
Y
|
Y
|
Automobile service station (1)
|
19.4.9
|
|
|
|
|
|
Y
|
Y
|
S
|
Auto storage
|
19.4.10
|
|
|
|
|
|
|
Y
|
Y
|
Auto wrecking yard or junk yard
|
19.4.11
|
|
|
|
|
|
|
S
|
S
|
Bus terminal
|
19.4.12
|
|
|
|
|
|
Y
|
Y
|
|
Car wash
|
19.4.13
|
|
|
|
|
|
Y
|
Y
|
|
Motorcycle sales and service
|
|
|
|
|
|
|
Y
|
Y
|
|
Parking lot or parking garage, automobile
|
19.4.14
|
|
|
|
|
|
Y
|
Y
|
Y
|
Parking lot or parking garage, truck
|
19.4.15
|
|
|
|
|
|
S
|
Y
|
Y
|
Quick oil change facility
|
19.4.16
|
|
|
|
|
|
Y
|
Y
|
|
Quick tune-up facility
|
19.4.17
|
|
|
|
|
|
Y
|
Y
|
|
Tire dealer (no outside storage)
|
|
|
|
|
|
|
Y
|
Y
|
S
|
Tire dealer (with outside storage)
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Tire retreading and recapping
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Truck and bus leasing
|
19.4.18
|
|
|
|
|
|
S
|
S
|
S
|
Truck and bus repair
|
19.4.19
|
|
|
|
|
|
S
|
Y
|
Y
|
Truck or motor freight terminal
|
19.4.20
|
|
|
|
|
|
S
|
Y
|
Y
|
Truck sales
|
19.4.21
|
|
|
|
|
|
Y
|
Y
|
Y
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
(1) See Section 20.4 of this ordinance.
|
SCHEDULE OF USES - TABLE 6A
|
---|
OFFICE, RETAIL, COMMERCIAL, AND SERVICE TYPE USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Air conditioning & refrigeration contractor
|
19.5.1
|
|
|
|
|
|
S
|
Y
|
Y
|
Amusement, commercial (indoor)
|
19.5.2a
|
|
|
|
|
|
S
|
Y
|
S
|
Amusement, commercial (outdoor)
|
19.5.2b
|
|
|
|
|
|
|
Y
|
S
|
Antique shop
|
24.5.3(47) [19.5.3]
|
|
S
|
|
|
|
Y
|
S
|
|
Arcade
|
19.5.4
|
|
|
|
|
|
S
|
S
|
S
|
Arts, crafts store (inside sales)
|
|
|
S
|
|
|
|
Y
|
Y
|
|
Arts, crafts store (outdoor sales)
|
|
|
|
|
|
|
Y
|
Y
|
|
Bakery and confectionery, retail sales
|
19.5.5a
|
|
S
|
|
|
|
Y
|
S
|
|
Bakery and confectionery, commercial
|
19.5.5b
|
|
|
|
|
|
|
Y
|
Y
|
Bank, savings and loan, credit union
|
19.5.6
|
|
|
|
|
|
Y
|
S
|
|
Boat sales and storage
|
|
|
|
|
|
|
Y
|
Y
|
|
Barber shop
|
19.5.7a
|
|
S
|
|
|
|
Y
|
S
|
|
Barber school or college
|
19.5.7b
|
|
|
|
|
|
Y
|
Y
|
|
Beauty culture school; cosmetology spec. shop
|
19.5.7c
|
|
|
|
|
|
Y
|
Y
|
|
Beauty shop
|
19.5.7d
|
|
S
|
|
|
|
Y
|
|
|
Bldg. materials, hardware (inside storage)
|
19.5.8
|
|
|
|
|
|
Y
|
Y
|
Y
|
Bldg. materials, hardware (outside storage)
|
19.5.8
|
|
|
|
|
|
S
|
Y
|
Y
|
Business service
|
19.5.9
|
|
S
|
|
|
|
Y
|
Y
|
S
|
Cabinet and upholstery shop
|
19.5.10
|
|
|
|
|
|
S
|
Y
|
Y
|
Cleaning and dyeing, small shop
|
19.5.11
|
|
|
|
|
|
S
|
Y
|
Y
|
Clinic, medical or dental
|
19.5.12
|
|
|
|
|
|
Y
|
S
|
|
Convenience store
|
19.5.13
|
|
|
|
|
|
Y
|
S
|
|
Custom personal service shop
|
19.5.14
|
|
|
|
|
|
Y
|
S
|
|
Discount, variety, or department store
|
19.5.15
|
|
|
|
|
|
Y
|
S
|
|
Drapery, needlework, or weaving shop
|
|
|
S
|
|
|
|
Y
|
Y
|
|
Engine and motor repair
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
Farm equipment, sales & service
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Feed and farm supply (inside sales/storage)
|
19.5.16
|
|
|
|
|
|
Y
|
Y
|
Y
|
Feed and farm supply (outside sales/storage)
|
19.5.16
|
|
|
|
|
|
S
|
Y
|
Y
|
Flea market
|
19.5.17
|
S
|
|
|
|
|
S
|
Y
|
Y
|
Florist
|
19.5.18
|
|
S
|
|
|
|
Y
|
S
|
|
Food store; grocery store
|
19 5.19
|
|
|
|
|
|
Y
|
S
|
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
SCHEDULE OF USES - TABLE 6B
|
---|
OFFICE, RETAIL, COMMERCIAL, AND SERVICE TYPE USES (cont.)
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Furniture, appliance store
|
19.5.20
|
|
|
|
|
|
Y
|
Y
|
Y
|
Garden center (retail sales)
|
19.5.21
|
|
|
|
|
|
Y
|
Y
|
|
General merchandise store
|
19.5.22
|
|
|
|
|
|
Y
|
S
|
|
Gymnastic or dance studio
|
|
|
|
|
|
|
Y
|
S
|
|
Handcraft shop
|
|
|
|
|
|
|
Y
|
S
|
|
Heavy machinery sales
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Hotel, motel, motor hotel, or motor lodge
|
19.1.10
|
|
|
|
|
|
Y
|
S
|
|
Household appliance service and repair
|
19.5.23
|
|
|
|
|
|
Y
|
Y
|
|
Laboratory, medical or dental
|
|
|
|
|
|
|
Y
|
S
|
|
Laboratory, scientific or research
|
19.5.24
|
|
|
|
|
|
|
Y
|
Y
|
Laundry and cleaning, self-service
|
19.5.25
|
|
|
|
|
|
Y
|
S
|
|
Laundry and cleaning, commercial
|
|
|
|
|
|
|
Y
|
S
|
|
Metal dealer, secondhand
|
19.5.26a
|
|
|
|
|
|
|
Y
|
Y
|
Metal dealer, crafted precious
|
19.5.26b
|
|
|
|
|
|
Y
|
Y
|
Y
|
Miscellaneous retail stores
|
19.5.27
|
|
|
|
|
|
Y
|
S
|
|
Mortuary or funeral home
|
|
|
|
|
|
|
Y
|
S
|
|
Motel (see Hotel... above)
|
|
|
|
|
|
|
|
|
|
Office center
|
19.5.28
|
|
|
|
|
|
Y
|
S
|
|
Office, prof. or general administrative
|
19.5.29
|
|
S
|
|
|
|
Y
|
S
|
|
Office - showroom/warehouse
|
19.5.30
|
|
|
|
|
|
Y
|
Y
|
Y
|
Pawn shop
|
19.5.31
|
|
|
|
|
|
Y
|
S
|
|
Personal service shop
|
19.5.32
|
|
|
|
|
|
Y
|
S
|
|
Pet shop
|
19.5.33
|
|
|
|
|
|
Y
|
S
|
|
Medical supplies, sales & service
|
|
|
|
|
|
|
S
|
Y
|
|
Newspaper printing
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Pharmacy
|
|
|
|
|
|
|
Y
|
S
|
|
Plumbing, heating, refrig. or air cond. bus.
|
19.5.34
|
|
|
|
|
|
S
|
Y
|
S
|
Plumbing service
|
19.5.35
|
|
|
|
|
|
Y
|
Y
|
|
Portable building sales
|
19.5.36
|
|
|
|
|
|
|
Y
|
S
|
Post office, government and private
|
19.5.37
|
|
|
|
|
|
Y
|
Y
|
Y
|
Print shop
|
19.5.38
|
|
|
|
|
|
S
|
Y
|
Y
|
Racquetball facilities
|
19.5.39
|
|
|
|
|
|
Y
|
Y
|
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
SCHEDULE OF USES - TABLE 6C
|
---|
OFFICE, RETAIL, COMMERCIAL, AND SERVICE TYPE USES (cont.)
|
---|
Type of Use
|
notes*
|
A
|
R-l
|
R-2
|
MHP
|
MHS
|
B-l
|
I-l
|
I-2
|
---|
Restaurant or cafeteria, with drive-in service
|
19.5.40a
|
|
|
|
|
|
Y
|
S
|
|
Restaurant or cafeteria, without drive-in or drive-through service
|
19.5.40b
|
|
|
|
|
|
Y
|
S
|
|
Restaurant, with drive-in service
|
19.5.40c
|
|
|
|
|
|
Y
|
S
|
|
Restaurant, with drive-through service
|
19.5.40d
|
|
|
|
|
|
Y
|
S
|
|
Retail shops and stores other than listed
|
19.5.41
|
|
|
|
|
|
Y
|
S
|
|
Secondhand store, furniture/clothing
|
19.5.42
|
|
|
|
|
|
Y
|
Y
|
|
Service, retail
|
19.5.43
|
|
|
|
|
|
Y
|
S
|
|
Shopping center
|
19.5.44
|
|
|
|
|
|
Y
|
S
|
|
Storage, repair of furn. & appl. (inside)
|
|
|
|
|
|
|
Y
|
Y
|
S
|
Storage, repair of furn. & appl. (outside)
|
|
|
|
|
|
|
S
|
Y
|
S
|
Studio (photographer, musician, artist)
|
|
|
S
|
|
|
|
Y
|
S
|
|
Studio for radio and television
|
|
|
|
|
|
|
Y
|
S
|
|
Tanning salon
|
|
|
S
|
|
|
|
Y
|
S
|
|
Taxidermist
|
|
|
S
|
|
|
|
Y
|
S
|
|
Theater (indoor)
|
|
|
|
|
|
|
Y
|
S
|
|
Theater (outdoor)
|
19.5.45
|
|
|
|
|
|
S
|
Y
|
S
|
Tool rental shop
|
|
|
|
|
|
|
Y
|
Y
|
S
|
Trailer, manufactured housing or mobile home display and sales
|
19.5.46
|
|
|
|
|
|
S
|
Y
|
S
|
Trailer rental
|
19.5.47
|
|
|
|
|
|
S
|
Y
|
S
|
Veterinarian clinic (no outside pens)
|
|
|
|
|
|
|
S
|
Y
|
S
|
Veterinarian clinic (outside pens)
|
|
|
|
|
|
|
|
Y
|
S
|
Washateria
|
19.5.48
|
|
|
|
|
|
Y
|
S
|
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
SCHEDULE OF USES - TABLE 7A
|
---|
MANUFACTURING, STORAGE, AND WAREHOUSING USES
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Acetylene gas manufacture or storage
|
|
|
|
|
|
|
|
|
Y
|
Acid manufacture
|
|
|
|
|
|
|
|
|
Y
|
Advertising displays manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Alcohol manufacture
|
|
|
|
|
|
|
|
|
Y
|
Ammonia, bleach or chlorine manufacture
|
|
|
|
|
|
|
|
|
Y
|
Apparel and other products assembled from finished textiles
|
|
|
|
|
|
|
|
Y
|
Y
|
Arsenal
|
|
|
|
|
|
|
|
|
S
|
Asphalt manufacture or refining
|
|
|
|
|
|
|
|
|
S
|
Bag cleaning
|
|
|
|
|
|
|
|
|
Y
|
Blast furnace
|
|
|
|
|
|
|
|
|
Y
|
Boats, building or repair
|
|
|
|
|
|
|
|
S
|
Y
|
Boiler works
|
|
|
|
|
|
|
|
|
Y
|
Bookbinding, except hand binding
|
|
|
|
|
|
|
|
Y
|
Y
|
Bottling works
|
19.6.1
|
|
|
|
|
|
|
S
|
Y
|
Brick, tile, pottery or terra-cotta manufacture, other than
handcraft
|
|
|
|
|
|
|
|
S
|
Y
|
Brooms or brushes, manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Building materials (inside storage)
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
Building materials (outside storage)
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Cameras or other photographic equipment
|
|
|
|
|
|
|
|
Y
|
Y
|
Candle manufacture
|
|
|
|
|
|
|
|
S
|
Y
|
Carpet manufacture or cleaning
|
|
|
|
|
|
|
|
Y
|
Y
|
Celluloid manufacture or treatment
|
|
|
|
|
|
|
|
|
Y
|
Cement, lime, gypsum or plaster of paris manuf.
|
|
|
|
|
|
|
|
|
Y
|
Ceramics, stone, glass, marble or porcelain products manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Chemical manufacturing
|
|
|
|
|
|
|
|
|
S
|
Cleaning and dyeing; dry cleaning plant
|
19.6.2
|
|
|
|
|
|
|
Y
|
Y
|
Coal, coke, or wood yard
|
|
|
|
|
|
|
|
S
|
Y
|
Concrete, asphalt batching plant (perm.)
|
|
|
|
|
|
|
|
S
|
S
|
Concrete, asphalt batching plant (temp.)
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Contractor’s shop and storage yard
|
|
|
|
|
|
|
|
Y
|
Y
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
SCHEDULE OF USES - TABLE 7B
|
---|
MANUFACTURING, STORAGE, AND WAREHOUSING USES (cont.)
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Cosmetic manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Cotton gin
|
|
|
|
|
|
|
|
|
S
|
Cotton seed oil manufacture
|
|
|
|
|
|
|
|
|
Y
|
Creosote treatment
|
|
|
|
|
|
|
|
|
S
|
Dairy products processing, manufacturing
|
|
|
|
|
|
|
|
S
|
Y
|
Disinfectant manufacture
|
|
|
|
|
|
|
|
|
Y
|
Distillation of bones, coal or wood
|
|
|
|
|
|
|
|
|
Y
|
Drugs or pharmaceutical products manufact.
|
|
|
|
|
|
|
|
S
|
Y
|
Dyestuff manufacture
|
|
|
|
|
|
|
|
S
|
Y
|
Electrical appliances, supplies, and machinery, assembly or
manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Electronic products, assembly
|
|
|
|
|
|
|
|
Y
|
Y
|
Electronic products, manufacturing
|
|
|
|
|
|
|
|
S
|
Y
|
Emery cloth and sandpaper manufacture
|
|
|
|
|
|
|
|
|
Y
|
Explosives or fireworks manufacture or storage
|
|
|
|
|
|
|
|
|
S
|
Farm supply, feed, seed, fertilizer sales (inside)
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
Farm supply, feed, seed, fertilizer sales (outside)
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Fat rendering
|
|
|
|
|
|
|
|
|
Y
|
Fertilizer manufacture
|
|
|
|
|
|
|
|
|
S
|
Fiberglass manufacture
|
|
|
|
|
|
|
|
|
S
|
Fish smoking and curing
|
|
|
|
|
|
|
|
|
Y
|
Food products processing
|
|
|
|
|
|
S
|
S
|
S
|
Y
|
Forge plant
|
|
|
|
|
|
|
|
|
Y
|
Foundry (iron, steel, brass or copper)
|
|
|
|
|
|
|
|
|
Y
|
Fur good manufacture (not including tanning or dyeing)
|
|
|
|
|
|
|
|
Y
|
Y
|
Furniture and upholstery manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Garbage, offal or dead animal reduction
|
|
|
|
|
|
|
|
|
S
|
Gas manufacture
|
|
|
|
|
|
|
|
|
Y
|
General commercial plant
|
19.6.3
|
|
|
|
|
|
|
S
|
Y
|
General manufacturing
|
19.6.4
|
|
|
|
|
|
|
S
|
Y
|
Glass products
|
|
|
|
|
|
|
|
Y
|
Y
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
SCHEDULE OF USES - TABLE 7C
|
---|
MANUFACTURING, STORAGE, AND WAREHOUSING USES (cont.)
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Glue or gelatin manufacture
|
|
|
|
|
|
|
|
|
Y
|
Grain elevator
|
|
|
|
|
|
|
|
|
S
|
Hatchery
|
|
S
|
|
|
|
|
|
Y
|
Y
|
Herbicide manufacture
|
|
|
|
|
|
|
|
|
S
|
Household appliance products assembly & manufacture from
prefabricated parts
|
|
|
|
|
|
|
|
Y
|
Y
|
Ice production, dry or natural
|
|
|
|
|
|
|
|
Y
|
Y
|
Industrial park
|
19.6.5
|
|
|
|
|
|
|
Y
|
Y
|
Insect poison manufacture
|
|
|
|
|
|
|
|
|
S
|
Junk or salvage yard
|
19.6.6
|
|
|
|
|
|
|
S
|
S
|
Jute, hemp, sisal or oakum products manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Laundry plant
|
|
|
|
|
|
|
|
Y
|
Y
|
Light manufacturing
|
19.6.7
|
|
|
|
|
|
|
Y
|
Y
|
Livestock feed yards
|
|
|
|
|
|
|
|
|
S
|
Mattress manufacture or renovation
|
|
|
|
|
|
|
|
Y
|
Y
|
Meat processing/locker plant/ frozen food products
|
|
|
|
|
|
|
|
Y
|
Y
|
Metal fabrication
|
|
|
|
|
|
|
|
^
|
Y
|
Mill (grain, flour, food products)
|
|
|
|
|
|
|
|
S
|
Y
|
Mines and quarries
|
|
|
|
|
|
|
|
|
S
|
Musical instrument manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Oil field service
|
|
|
|
|
|
|
|
S
|
Y
|
Oil, gas, other mineral extraction
|
|
|
|
|
|
|
|
S
|
S
|
Oilcloth or linoleum manufacture
|
|
|
|
|
|
|
|
S
|
Y
|
Ore reduction
|
|
|
|
|
|
|
|
|
Y
|
Orthopedic or medical appliance manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Paint, oil, shellac, turpentine or varnish manufacture
|
|
|
|
|
|
|
|
S
|
Y
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
^ See Section 14.3.1 of this ordinance.
|
SCHEDULE OF USES - TABLE 7D
|
---|
MANUFACTURING, STORAGE, AND WAREHOUSING USES (cont.)
|
---|
Type of Use
|
note*
|
A
|
R-1
|
R-2
|
MHP
|
MHS
|
B-1
|
I-1
|
I-2
|
---|
Paper products manufacture
|
|
|
|
|
|
|
|
|
Y
|
Petroleum products, sales (wholesale)
|
|
|
|
|
|
|
|
S
|
Y
|
Petroleum products, bulk quantities
|
|
|
|
|
|
|
|
|
Y
|
Pipe sales and supply
|
|
|
|
|
|
|
S
|
S
|
Y
|
Plastic products manufacture (not including processing of raw
materials)
|
|
|
|
|
|
|
|
S
|
Y
|
Pump sales, repair and maintenance
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Scrap metal sales and storage
|
|
|
|
|
|
|
|
|
Y
|
Self-storage; mini-warehouse
|
19.6.8
|
|
|
|
|
|
S
|
Y
|
Y
|
Sporting and athletic equipment manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Steel fabrication
|
|
|
|
|
|
|
|
S
|
Y
|
Storage/wholesale warehouse, light
|
19.6.9
|
|
|
|
|
|
S
|
Y
|
Y
|
Storage/wholesale warehouse, heavy
|
19.6.10
|
|
|
|
|
|
|
S
|
Y
|
Tire recapping, vulcanizing
|
|
|
|
|
|
|
|
S
|
Y
|
Tools or hardware manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Toys and novelty products manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Window shade, awnings, Venetian blind manufacture
|
|
|
|
|
|
|
|
Y
|
Y
|
Wrecking yard (junk or salvage yard)
|
19.6.6
|
|
|
|
|
|
|
|
S
|
Yeast manufacture
|
|
|
|
|
|
|
|
|
Y
|
Notes:
|
---|
*The number in this column references a description/definition
listed in Section 19.
|
(Ordinance 99-41 adopted 11/2/99)
19.1. Residential
Uses
19.1.1. Boarding or Rooming House:
A building, other than a
hotel or multiple-family dwelling, where lodging is provided to persons
for compensation, and where facilities for food preparation are not
provided in individual rooms. Facilities usually referred to as “bed
and breakfast” arrangements are included in this definition.
19.1.2. Dormitory:
A building in which housing is provided for
individual students under the general supervision or regulation of
an accredited college or university and as distinguished from an apartment,
hotel, motel, or rooming house. A dormitory may provide apartment
units for guests, faculty, or supervisory personnel on a ratio not
to exceed one (1) such apartment unit for each fifty (50) students
for which the building is designed. Individual rooms or suites of
rooms may have cooking facilities. The dormitory may include facilities
such as a commissary and/or snack bar, lounge, and study area, dining
halls, and accessory kitchen, recreation facilities, and laundry,
provided that these facilities are for the benefit and use of the
occupants and their guests and not open to the general public.
19.1.3. Duplex:
See Two-Family Dwelling, Section 19.1.20.
19.1.5. Guest House:
Living quarters within a detached accessory
building located on the same premises with the main building, for
use by temporary guests of the occupants of the premises, such quarters
having no kitchen facilities and not rented or otherwise used as a
separate dwelling.
19.1.6. Manufactured Housing, HUD-Code:
A structure, constructed
on or after June 15, 1976, according to the rules of the United States
Department of Housing and Urban Development, transportable in one
(1) or more sections, which, in the traveling mode, is eight (8) body
feet or more in width or forty (40) body feet or more in length, or,
when erected on-site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems. All references in this ordinance
to manufactured housing or manufactured home(s) shall be references
to HUD-Code Manufactured Housing, unless otherwise specified.
19.1.7. Manufactured Home Park:
Any tract of land under single
ownership of not less than two (2) acres approved for occupancy by
manufactured housing and accessory structures related thereto and
designed and operated in accordance with standards herein set forth
or as set forth in any other ordinance of the City of Paradise relating
to the location, use, construction, operation, or maintenance of manufactured
housing.
19.1.8. Manufactured Home Subdivision:
A tract of land of not
less than ten (10) acres which has been final platted of record in
its entirety in accordance with the subdivision regulations of the
city for occupancy primarily by HUD-Code manufactured housing and
industrialized housing.
19.1.9. Mobile Home:
A structure constructed before June 15,
1976, transportable in one or more sections which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length, or, when erected on-site, is three hundred twenty
(320) or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical systems.
19.1.10. Motel, Motor Hotel, or Motor Lodge:
A building or group
of buildings designed for and occupied as a temporary dwelling place,
providing four (4) or more room units for compensation, and where
an office and register is maintained separately and apart from any
of the rooms or units provided for the customers and where the operation
is supervised by a person or persons in charge at all hours. A motel,
motor hotel, or motor lodge may include restaurants, club rooms, banquet
halls, ballrooms and meeting rooms as accessory uses.
19.1.11. Multiple-Family Residence:
Any building or portion thereof
which is designed, built, rented, leased, or let to be occupied as
three (3) or more dwelling units or apartments or which is occupied
as a home or place of residence by three (3) or more families living
in independent dwelling units.
19.1.12. Residence Hotel:
A multi-dwelling unit extended stay
lodging facility consisting of efficiency units or suites with a complete
kitchen suitable for long-term occupancy. Customary hotel services
such as linen, maid service, telephone, and upkeep of furniture shall
be provided. Meeting room, club house and recreational facilities
intended for the use of residents and their guests are permitted.
This definition shall not include other dwelling units as defined
in this ordinance.
19.1.13. Retirement Housing:
A development
providing dwelling units specifically designed for the needs of ambulatory
retired persons. The following subsidiary uses shall be permitted
to provide on-site goods and services for residents and their guests,
but are not intended for use by the general public:
a) cafeteria
and/or dining room
d) swimming
pool and/or jacuzzi
f) arts
and crafts facilities
j) snack
bar with a maximum of 350 square feet per 100 dwelling units
k) beauty/barber
shop with a maximum of 250 square feet per 100 dwelling units or a
maximum of 450 square feet per 100 dwelling units
l) convenience
retail shop with maximum of 350 square feet per 100 dwelling units
to provide for sale of food items, non-prescription drugs, small household
items, and gifts.
19.1.14. Servant’s, Caretaker’s, or Guard’s Residence:
An accessory building or portion of an accessory building located
on the same lot or grounds with the main building, containing not
more than one set of kitchen and bathroom facilities and used as living
quarters for a person or persons employed on the premises for not
less than fifty percent (50%) of his/her actual working time, and
not otherwise used or designed as a separate place of abode, provided
the living area of such quarters shall not exceed six hundred (600)
square feet.
19.1.15. Single-Family Dwelling, Attached:
A dwelling that is
part of a structure containing three (3) or more dwellings, each designed
and constructed for occupancy by one family, with each dwelling unit
attached by a common wall to another with a minimum length of attachment
of twenty (20) feet, in which each dwelling is located on a separate
platted lot.
19.1.16. Single-Family Dwelling, Detached:
A detached building
designed exclusively for occupancy by one (1) family, excluding manufactured
housing and modular homes.
19.1.17. Townhouse or Row Dwelling:
One of a series of not less
than three (3) nor more than ten (10) attached one (1) family dwellings
under common roof with common exterior wall, and separated from one
another by single partition walls without openings from basement to
roof. No townhouse dwelling unit is to be constructed above another
townhouse dwelling unit.
19.1.19. Travel Trailer Park:
Any tract of land under single
ownership, ten (10) acres or more, where accommodation is provided
for travel trailer use.
19.1.20. Two-Family Dwelling:
A building designed for occupancy
by two (2) individuals or families living independently of each other
within separate units which have a common wall and are under one (1)
roof.
19.1.21. Zero Lot Line House:
A residence allowed to have little
or no side yard on one side, where the wall on that side has no doors,
windows, or other openings and which otherwise qualifies for a one-hour
fire rating as defined in the building code.
19.2. Educational,
Institutional, and Special Uses
19.2.1. Child-Care Center:
An establishment where four (4) or
more children are provided care, training, education, custody, treatment,
or supervision for less than 24 hours a day. The term “day-care
center” shall not include overnight lodging, medical treatment,
counseling, or rehabilitative services and does not apply to any school.
(Also see Registered Family Home. Section 19.2.31.)
19.2.2. Church, Rectory, or Place of Worship:
A building for
regular assembly for religious worship which is used primarily for
such purpose and customary accessory activities including a place
of residence for ministers, priests, rabbis, teachers, or directors
on the premises.
19.2.3. Civic Center:
A building or complex of buildings that
houses municipal offices and services and which may include cultural,
recreational, athletic, convention and/or entertainment facilities
owned and/or operated by a governmental agency.
19.2.4. College or University:
An institution established for
educational purposes offering courses of study beyond the secondary
education level, but excluding trade and commercial schools.
19.2.5. Community Center, Public:
A building or buildings dedicated
to social and/or recreational activities, serving the city or a neighborhood
and owned and operated by the city or by a nonprofit organization
dedicated to promoting the health, safety, morals, or general welfare
of the city.
19.2.6. Community Center, Private:
A building or buildings dedicated
to social and/or recreational activities serving residents of a subdivision
or development which is operated by an association or incorporated
group for their use and benefit; not to be a commercial, for profit,
business.
19.2.7. Continuing Care Facility:
A place as defined in the
Texas Continuing Care Facility Disclosure and Rehabilitation Act in
which a person provides board and lodging, together with personal
care services and nursing services, medical services, or other health-related
services, regardless of whether the services and lodging are provided
at the same location, under an agreement that requires the payment
of a fee and that is effective for the life of the individual or for
a period of more than one (1) year, such individual or individuals
being cared for not being related by consanguinity or affinity to
the person providing the care. (Also see Household Care Facility,
Section 19.2.19, Household Care Institution, Section 19.2.20, and
Personal Care Home, Section 19.2.28.)
19.2.8. Country Club (Private):
Land and buildings customarily
containing a golf course and a clubhouse and available only to specific
private membership; such a club may contain adjunct facilities such
as private club, dining room, swimming pool, tennis courts, and similar
recreational or service facilities.
19.2.10. Exhibition Area:
An area or space either outside or
within a building for the display of topic-specific goods or information.
19.2.11. Fairgrounds:
An area where outdoor fairs, circuses or
exhibitions are held.
19.2.12. Family Home:
A community-based
residential home operated by either the State of Texas, a nonprofit
corporation, a community center organized pursuant to State statute,
or an entity which is certified by the State as a provider for a program
for the mentally retarded. Family homes provide care for persons who
have mental and/or physical impairments that substantially limit one
or more major life activities. To qualify as a family home, a home
must meet the following requirements:
a. Not
more than six (6) disabled persons and two (2) supervisory personnel
may reside in a family home at the same time.
b. The
home must provide food and shelter, personal guidance, care, rehabilitation
services, or supervision.
c. All
applicable licensing requirements must be met.
19.2.13. Farm, Ranch, or Orchard:
An area of five (5) acres or
more which is used for growing of usual farm products and/or raising
of usual farm products and animals and including the necessary accessory
uses for raising, treating, and storing products raised on the premises,
but not including the commercial feeding of offal or garbage to swine
or other animals and not including any type of agriculture or husbandry
specifically prohibited by ordinance or law. Farm, ranch, or orchard
use shall not cause a hazard to health by reason of unsanitary conditions
and shall not be offensive by reason of odors, dust, fumes, noise,
or vibrations or be otherwise detrimental to the public welfare.
19.2.14. Fraternal Organization, Lodge, or Civic Club:
An organized
group having a restricted membership and specific purpose related
to the welfare of the members.
19.2.15. Golf Course:
An area of twenty (20) acres or more improved
with trees, greens, fairways, hazards and which may include clubhouses.
19.2.16a. Greenhouse or Plant Nursery, Commercial:
A place, often including artificially heated and/or cooled buildings,
where trees or plants are raised and/or sold, including related storage
of equipment for landscape contracting.
19.2.16b. Greenhouse, Noncommercial:
A building,
often artificially heated and/or cooled, used as a location for cultivating
plants which are used by the grower and not sold as a commercial activity.
19.2.17. Hospital (Chronic Care); Long Term Health Care Facility:
An institution providing inpatient health, personal care, or rehabilitative
services over a long period of time to persons chronically ill, aged,
or disabled due to injury or disease and which is licensed by the
State of Texas.
19.2.18. Hospital (Acute Care):
An institution where sick or
injured patients are given medical or surgical treatment intended
to restore them to health and an active life and which is licensed
by the State of Texas.
19.2.19. Household Care Facility:
A dwelling unit which provides
residence and care to not more than nine (9) persons, regardless of
legal relationship, who are elderly; disabled; orphaned, abandoned,
abused, or neglected children; victims of domestic violence; or rendered
temporarily homeless due to fire, natural disaster, or financial adversity;
living together with not more than two supervisory personnel as a
single housekeeping unit. (See also Household Care Institution, Section
19.2.20; Personal Care Home, Section 19.2.28; and Continuing Care
Facility, Section 19.2.7.)
19.2.20. Household Care Institution:
A facility which provides
residence and care to ten (10) or more persons, regardless of legal
relationship, who are elderly; disabled; orphaned, abandoned, abused
or neglected children; victims of domestic violence; convalescing
from illness; or rendered temporarily homeless due to fire, natural
disaster or financial adversity, living together with supervisory
personnel. (See also Household Care Facility, Section 19.2.19; Personal
Care Home, Section 19.2.28; and Continuing Care Facility, Section
19.2.7.)
19.2.21. Kennel:
Any lot or premises on which four (4) or more
dogs, cats or other domestic animals more than four (4) months of
age are housed or accepted for boarding, breeding, training, selling,
grooming and/or bathing for which remuneration is received.
19.2.22. Library:
Any institution for the loan or display of
books, tapes, objects of art or science which is sponsored by a public
or responsible quasi-public agency and which institution is open and
available to the general public.
19.2.23. Museum or Art Gallery:
An institution for the collection,
display and distribution of objects of art or science and which is
sponsored by a public or quasi-public agency and which facility is
open to the general public.
19.2.25. Nursing Home:
See Rest Home or Nursing Home, Section
19.2.34.
19.2.26. Park, Playground, or Recreation Center (Public):
An
open recreation facility or park owned and operated by a public agency
and available to the general public.
19.2.27. Park, Playground, or Recreation Center (Private):
A
privately owned park, playground, open space or building dedicated
to recreational activities, maintained by a community club, property
owners’ association, or similar organization.
19.2.28. Personal Care Home (Custodial Care):
An owner-occupied,
home-operated non-licensed facility for the elderly providing custodial
care to not more than three (3) individuals not related to the provider
of such care. Custodial care is that type of care which assists elderly
persons who are incapable because of physical or mental limitations
of performing routine daily activities and which do not require the
continuing attention of trained medical or paramedical personnel.
(Also see Continuing Care Facility, Section 19.2.7.)
19.2.30. Race Track:
A facility used for the racing of motor-driven
vehicles and/or animals.
19.2.31. Registered Family Home:
A child-care facility that regularly
provides care in the caretaker’s own residence for not more
than six (6) children under 14 years of age, excluding the caretaker’s
own children, and that provides care after school hours for not more
than six (6) additional elementary school siblings of the other children
given care, but the total number of children, including the caretaker’s
own, does not exceed twelve (12) at any given time. (Also see Child-Care
Center, Section 19.2.1.)
19.2.32. Rehabilitation Care Facility:
A dwelling unit which
provides residence and care to not more than nine (9) persons, regardless
of legal relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single
housekeeping unit.
19.2.33. Rehabilitation Care Institution:
A facility which provides
residence and care to ten (10) or more persons, regardless of legal
relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct together
with supervisory personnel.
19.2.34. Rest Home or Nursing Home:
A place of residence or care
for persons suffering from infirmities of age or illness where care
is provided on a prolonged or permanent basis. This term shall include
a convalescent home.
19.2.35. School, Private (Primary or Secondary):
An institution
of learning having a curriculum equivalent to public schools but not
including specialty schools such as dancing, music, beauty, mechanical,
trade, or commercial schools.
19.2.36. School, Public (Primary or Secondary):
An institution
under the sponsorship of a public agency which offers instruction
in the several branches of learning and study required to be taught
in the public schools by the Education Code of the State of Texas
but not including specialty schools such as dancing, music, beauty,
mechanical, trade, or commercial schools.
19.2.37. School, Trade or Commercial:
Establishments, other than
public or parochial schools, private primary and secondary schools
or colleges, offering training or instruction in a trade, art, or
occupation.
19.2.38a. Stable, Commercial:
A structure housing horses which are boarded or rented to the public
or any stable other than a private stable, but not including a sale
barn, auction or similar trading activity.
19.2.38b. Stable, Private:
An accessory building
set back from adjacent property lines a minimum distance of one hundred
(100) feet and used for quartering horses, not to exceed one (1) horse
per one and one-half (1.5) acre area of a farm or lot.
19.2.39. Stadium or Playfield, Public:
An athletic field or stadium
owned and operated by a public agency for the general public including
a baseball field, golf course, football field or stadium which may
be lighted for nighttime play.
19.2.40. Swimming Pool, Commercial:
A swimming pool with accessory
facilities, not part of the municipal or public recreational system
and not a private swim club, but where the facilities are available
to the general public for a fee.
19.3. Transportation,
Utility, and Communications Uses
19.3.1. Airport; Landing Field:
A place where an aircraft can
land and take off, usually equipped with hangars, facilities for refueling
and repair, and various accommodations for passengers and/or freight.
19.3.2. Electrical Substation:
A subsidiary station in which
electric current is transformed.
19.3.3. Gas Metering Station:
Facility at which natural gas
flows are regulated and recorded.
19.3.4. Heliport or Helistop:
A landing facility for rotary
wing aircraft which may include fueling or servicing facilities for
such craft.
19.3.5. Public or Private Franchised Utility:
A utility such
as one distributing heat, chilled water, closed circuit television,
or similar service and requiring a franchise to operate in the City
of Paradise. Such utility usually requires special facilities in residential
areas or on public property such as heating, cooling, or communications.
19.3.6. Radio, Television, or Microwave Communications Operations, Amateur:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals for private or personal use and not for the purpose
of operating a business and/or for financial gain.
19.3.7. Radio, Television, or Microwave Communications Operations, Commercial:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals primarily for the purpose of operating a business
and/or financial gain.
19.3.8. Railroad Station:
Any premises for the transient parking
of trains and the loading and unloading of passengers.
19.3.9. Railroad Team Track and Right-Of-Way:
A facility/place
for the loading and unloading of materials on trains.
19.3.10. Railroad Track and Right-Of-Way:
Includes track and
undeveloped right-of-way, but does not include railroad stations,
sidings, team tracks, loading facilities, dock yards, or maintenance
areas.
19.3.11. Service Yard of Governmental Agency:
An area for the
servicing and storage of vehicles or other property of a governmental
agency.
19.3.12. Shops, Office, and/or Storage Area of Public or Private Utility:
The pole yard, maintenance yard, and/or administrative offices
of a municipality or franchised utility.
19.3.13. Solid Waste Transfer Station:
A facility and/or premises
at which solid waste is temporarily deposited prior to ultimate removal
to a permanent solid waste storage site.
19.3.14. Telephone Exchange:
A switching or transmitting station
owned by a public utility but not including business offices, storage,
or repair shops or yards.
19.4. Automobile
and Related Service Uses
19.4.2. Auto Leasing:
Storage and leasing of automobiles, motorcycles,
and light load vehicles.
19.4.3. Auto Parts Sales (Inside):
The use of any building or
other premise for the display and sale of new or used parts for automobiles,
panel trucks, vans, trailers, or recreational vehicles.
19.4.4. Auto Parts Sales (Outside):
The use of any land area
for the display and sale of new or used parts for automobiles, panel
trucks vans, trailers, or recreation vehicles.
19.4.5. Automobile Repair, Major:
General repair or reconditioning
of engines and air conditioning systems for motor vehicles; wrecker
service; collision services including body, frame or fender straightening
or repair; customizing; overall painting or paint shop; vehicle steam
cleaning; those uses listed under “automobile repair, minor”;
and other similar uses.
19.4.6. Automobile Repair, Minor:
Minor repair or replacement
of parts, tires, tubes, and batteries; diagnostic services; minor
motor services such as grease, oil, spark plug, and filter changing;
tune-ups; emergency road service; replacement of starters, alternators,
hoses, brake parts; automobile washing and polishing; performing state
inspections and making minor repairs necessary to pass said inspection;
normal servicing of air conditioning systems, and other similar minor
services for light load vehicles, but not including any operation
named under “automobile repair, major” or any other similar
use.
19.4.7. Automobile and Trailer Sales, New:
Building(s) and associated
open area other than a street or required automobile parking space
used for the display or sale of primarily new automobiles, light trucks,
and trailers, to be displayed and sold on premises, and where no repair
work is done except minor reconditioning of the automobiles and trailers
to be displayed and sold on the premises, and no dismantling of automobiles
or trailers for sale or keeping of used automobile and trailer parts
or junk on the premises.
19.4.8. Automobile and Trailer Sales, Used:
Building(s) and
associated open area other than a street or required automobile parking
space used for the display and sale of used automobiles, light trucks,
or trailers in operating condition and where no repair work is done
except the minor adjustments of the vehicles to be displayed or sold
on the premises. A used car sales area shall not be used for the storage
of wrecked automobiles or the dismantling of automobiles or the storage
of automobile parts or junk on the premises.
19.4.9. Automobile Service Station:
A building or place arranged,
designed, used, or intended to be used for the primary purpose of
dispensing gasoline, oil, diesel fuel, liquified petroleum gases,
greases, batteries, and other automobile accessories at retail direct
to the on-premise motor vehicle trade provided that the above services
shall not be construed to include major overhaul, the removal and/or
rebuilding of an engine, cylinder head, oil pan, transmission, differential,
radiator, springs, or axles; steam cleaning, body or frame work, painting,
upholstering and replacement of glass. If the dispensing or offering
for sale of auto fuel at retail is incidental, the premises shall
be classified as a public garage. Service stations shall not allow
automobiles which are inoperative or are being repaired to remain
outside such service station for a period greater than seven (7) days.
19.4.10. Auto Storage:
The storage on a lot or tract of operable
automobiles for the purpose of holding such vehicles for sale, distribution,
or storage.
19.4.11. Automobile Wrecking Yard or Junk Yard:
Any building,
structure, or open area used for the dismantling or wrecking of any
type of used vehicles or the storage, sale, or dumping of dismounted
or wrecked vehicles or their parts and accessories, including any
farm vehicles or farm machinery or parts thereof, stored in the open
and not being restored to operating condition, including the commercial
salvaging, storage, and scrapping of any other goods, articles, or
merchandise.
19.4.12. Bus Terminal:
Any premises for the transient housing
or parking of motor-driven buses and the loading and unloading of
passengers.
19.4.13. Car Wash:
Facility or structure used to wash motorcycles,
automobiles, and light load vehicles.
19.4.14. Parking Lot or Parking Garage, Automobile:
Area for
parking light load vehicles.
19.4.15. Parking Lot or Parking Garage, Truck:
Area for parking
heavy load vehicles.
19.4.16. Quick Oil Change Facility:
A business engaging in the
changing of oil, oil filters, and the chassis lubrication of motor
vehicles. All new oil shall be dispensed from drums and all old oil
shall be kept in sumps until removed by pumper trucks.
19.4.17. Quick Tune-up Facility:
A business engaging in engine
adjustment and minor part replacement for motor vehicles, limited
to spark plugs, condensers, spark plug wires, distributor caps, distributor
points, PCV valves, air cleaners, fan belts and radiator hoses. Such
a facility shall not repair or replace carburetors, starters, alternators,
generators, radiators, water pumps, or other major engine parts, brake
shoes, or mufflers.
19.4.18. Truck and Bus Leasing:
The rental of new or used panel
trucks, vans, trailers, recreational vehicles, or motor-driven buses
in operable condition and where no repair work is done.
19.4.19. Truck and Bus Repair:
An establishment providing major
and minor automobile repair services to heavy load vehicles.
19.4.20. Truck or Motor Freight Terminal:
A building or area
in which freight brought by motor truck is assembled and/or stored
for shipping by motor truck.
19.4.21. Truck Sales:
Building(s) and associated open area other
than a street or required automobile parking space used for the display
or sale of primarily new heavy load vehicles (for definition, see
Section 30.2.44), to be displayed and sold on premises, and where
no repair work is done except minor reconditioning of the vehicles
to be displayed and sold on the premises, and no dismantling of vehicles
for sale or keeping of used vehicle parts or junk on the premises.
19.5. Retail
and Service Type Uses
19.5.1. Air Conditioning and Refrigeration Contractor:
A place
from which a person performs design, installation, construction, maintenance,
service, repair, alteration or modification of a product or of equipment
in environmental air conditioning, commercial refrigeration, or process
cooling or heating systems, under terms and conditions described in
the Texas Air Conditioning and Refrigeration Contractor License Law,
Vernon’s Ann. Civ. St., art. 8861.
19.5.2a. Amusement, Commercial (Indoor):
An establishment providing for activities, services and instruction
for the entertainment, exercise and improvement of fitness and health
of customers, clients or members but not including hospitals, clinics,
massage parlors or arcades. Uses would typically include bowling alleys,
ice or roller skating rinks, racquetball and handball courts, indoor
tennis courts, weight lifting and nautilus facilities, exercise areas,
swimming pools and spas, bingo parlors, martial arts, classrooms and/or
practice areas, gymnasiums and indoor running or jogging tracks.
19.5.2b.
Amusement, Commercial (Outdoor):
An outdoor area
or structure, open to the public, which provides entertainment or
amusement for a fee or admission charge, including but not limited
to batting cages, miniature golf, go-kart tracks and carnivals.
19.5.3. Antique Shop:
A retail establishment engaged in the
selling of works of art, furniture or other artifacts of an earlier
period, with all sales and storage occurring inside a building.
19.5.4. Arcade:
An establishment in which there are located
six (6) or more coin-operated skill or pleasure machines.
19.5.5a. Bakery and Confectionery, Retail
Sales:
A place for preparing, cooking, baking and selling
of products on the premises.
19.5.5b.
Bakery and Confectionery, Commercial:
A place
for preparing, cooking or baking of products primarily intended for
off-premise distribution.
19.5.6. Bank, Savings and Loan, Credit Union:
An establishment
for the custody, loan, exchange or issue of money, the extension of
credit, and/or facilitating the transmission of funds.
19.5.7a. Barber Shop:
A place
where barbering, as defined in Texas Barber Act, Vernon’s Ann.
Civ. St., art. 8407, is practiced, offered, or attempted to be practiced,
except when such place is duly licensed as a barber school or college.
19.5.7b.
Barber School or College:
A place of training
for practice of barbering, as defined in Texas Barber Act, Vernon’s
Ann. Civ. St., art. 8407, meeting standards established in Section
9 of said Texas Barber Act.
19.5.7c.
Beauty Culture School; Cosmetology Specialty Shop:
A specialized place of training, as defined in the Cosmetology Regulatory
Act, Vernon’s Ann. Civ. St., art. 8451.
19.5.7d.
Beauty Shop:
A place where cosmetology, as defined
in the Cosmetology Regulatory Act, Vernon’s Ann. Civ. St., art.
8451, is practiced.
19.5.8. Building Materials, Hardware Sales:
The sale of new
building materials and supplies indoors with related sales for hardware,
carpet, plants, electrical and plumbing supplies all of which are
oriented to the retail customer, rather than contractor or wholesale
customer.
19.5.9. Business Service:
Establishments primarily engaged in
providing services not elsewhere classified to business enterprises
on a fee contract basis including but not limited to advertising agencies,
computer programming and software services, and office equipment rental
or leasing.
19.5.10. Cabinet and Upholstering Shop:
An establishment used
for the production, display and sale of furniture and soft coverings
for furniture.
19.5.11. Cleaning and Dyeing, Small Plant or Shop:
A custom cleaning
shop not exceeding five thousand (5,000) square feet of floor area
or a pick-up station. (Also see Cleaning and Dyeing; Dry Cleaning
Plant, Section 19.6.2.)
19.5.12. Clinic, Medical or Dental:
A facility or station designed
and used for the examination and treatment of persons seeking medical
care as outpatients who do not remain on the premises overnight.
19.5.13. Convenience Store:
A retail establishment providing
for the sale of food items, non-prescription drugs, small household
items, and gifts. Gasoline and diesel fuel may be offered for sale
provided they are not the primary source of income for the store and
that no more than six (6) pumps are offered. Maximum size of the establishment
will be no more than 2,500 square feet not including storage areas
and administrative offices.
19.5.14. Custom Personal Service Shop:
Includes such uses as
tailor, shoe repair, barber/beauty shop, health studio, or travel
consultant.
19.5.15. Discount, Variety, or Department Store:
A retail store
offering a wide variety of merchandise in departments and exceeding
7,000 square feet of floor area.
19.5.16. Feed and Farm Supply Store:
An establishment for the
selling of foodstuffs for animals and including implements and goods
related to agricultural processes but not including farm machinery.
19.5.17. Flea Market:
A site where space inside or outside a
building is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household
goods, personal effects, tools, artwork, small household appliances,
and similar merchandise, objects or equipment in small quantities.
The term flea market shall not be deemed to include wholesale sales
establishments or rental services establishments, but shall be deemed
to include personal services establishments, food services establishments,
retail sales establishments, and auction establishments.
19.5.18. Florist:
An establishment displaying plants, flowers,
floral supplies, and similar items.
19.5.19. Food Store; Grocery Store:
An establishment that displays
and sells consumable goods that are not to be eaten on the premises.
19.5.20. Furniture, Appliance Store:
Retail stores selling goods
used for furnishing the home, including but not limited to furniture,
floor coverings, draperies, glass and chinaware, domestic stoves,
refrigerators and other household electrical and gas appliances.
19.5.21. Garden Center (Retail Sales):
Location including land
and buildings at which plants, trees, shrubs, horticultural supplies,
and similar items are displayed for sale to the general public. All
such displays shall be located behind the front yard line established
in the district in which the garden center is located.
19.5.22. General Merchandise Store:
Retail stores which sell
a number of lines of merchandise including but not limited to dry
goods, apparel and accessories, furniture and home furnishings, small
wares, hardware, and food. The stores included in this group are known
as department stores, variety stores, general stores, and other similar
stores.
19.5.23. Household Appliance Service and Repair:
The maintenance
and rehabilitation of appliances customarily used in the home including
but not limited to washing and drying machines, refrigerators, dishwashers,
trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners,
and hair dryers.
19.5.24. Laboratory, Scientific or Research:
Facilities for research
including laboratories, experimental equipment, and operations involving
compounding or testing of materials or equipment.
19.5.25. Laundry and Cleaning, Self-Service:
An establishment
including facilities for laundering and cleaning of clothing and similar
items to be operated by the patron; not a commercial laundry or cleaning
plant.
19.5.26a. Metal Dealer, Secondhand:
A place of business in which a person purchases, gathers, collects,
solicits or procures scrap metal or where scrap metal is gathered
together or kept for shipment, sale, or transfer, under terms and
conditions found in Vernon’s Ann. Civ. St., art. 9009. (Also
see Junk or Salvage Yard, Section 19.6.6.)
19.5.26b. Metal Dealer, Crafted Precious:
A place
of business in which a person engages in the business of purchasing
and selling crafted precious metals, including jewelry, silverware,
art objects, or any other thing or object made in whole or in part
from gold, silver, platinum, palladium, iridium, rhodium, osmium,
ruthenium, or their alloys, excluding coins and commemorative medallions,
under terms and conditions found in Vernon’s Ann. Civ. St.,
art. 9009a.
19.5.28. Office Center:
A building or complex of buildings used
primarily for conducting the affairs of a business, profession, service,
industry, or government, or like activity that may include ancillary
services for office workers such as a restaurant, coffee shop, newspaper,
or candy stand.
19.5.29. Office, Professional or General Administrative:
A room
or group of rooms used for the provision of executive, management,
or administrative services. Typical uses include administrative offices
and services including real estate, insurance, property management,
investment, personnel, travel, secretarial services, telephone answering,
and business offices of public utilities, organizations, and association[s]
but excluding medical offices.
19.5.30. Office: Showroom/Warehouse:
An establishment with a
minimum of seventy-five percent (75%) of its total floor area devoted
to storage and warehousing not accessible to the public. The remaining
area may include retail and wholesale sales areas, sales offices,
and display areas for products sold and distributed from the storage
and warehousing areas.
19.5.31. Pawn Shop:
An establishment where money is loaned on
the security of personal property pledged in the keeping of the owner
(pawnbroker).
19.5.32. Personal Service Shop:
An establishment primarily engaged
in providing services generally involving the care of the person or
his apparel including but not limited to barber and beauty shops,
dry cleaning and laundry pick-up stations and reducing salons/health
clubs.
19.5.33. Pet Shop:
A retail establishment offering small animals,
fish, or birds for sale as pets and where all such creatures are housed
within the building.
19.5.34. Plumbing, Heating, Refrigeration, or Air Conditioning Business:
An establishment primarily engaged in the sales, service, or
installation of equipment pertaining to plumbing, heating, refrigeration,
or air conditioning. (Also see Air Conditioning and Refrigeration
Contractor, Section 19.5.1.)
19.5.35. Plumbing Service:
The operation of a business which
involves only retail sales and off-premises service, installation,
and repair of units and fixtures. The premises shall not include a
workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal
work of any type shall not be permitted. Storage shall be permitted
for units and supplies incidental to retail sales, off-premises service
and repair only. No outside storage shall be permitted. This section
shall not be interpreted to allow a plumbing, heating, refrigeration,
or air conditioning contractor or similar type wholesale operation.
19.5.36. Portable Building Sales:
An establishment which displays
and sells structures which are capable of being carried and transported
to another location, not including mobile homes or manufactured housing.
19.5.37. Post Office, Government or Private:
Local branch of
the United States Postal Service or private commercial venture engaged
in the distribution of mail and incidental services.
19.5.38. Print Shop:
An establishment which reproduces printed
or photographic impressions including but not limited to the process
of composition, binding, platemaking, microform, type casting, presswork,
and printmaking.
19.5.39. Racquetball Facilities:
Courts housed in an acoustically
treated building and designed for one (1) to four (4) persons to play
racquetball, plus subsidiary uses to include office, pro shops, locker
rooms, sauna, exercise rooms, waiting area, child nursery, and related
uses up to a maximum of forty percent (40%) of the total floor area.
19.5.40a. Restaurant or Cafeteria, With
Drive-Through Service:
An eating establishment where
service is primarily to customers at tables and not providing facilities
for the consumption of food in automobiles on or near the restaurant
premises but providing service to persons in cars.
19.5.40b. Restaurant or Cafeteria, Without Drive-In or Drive-Through
Service:
An eating establishment where service is primarily
to customers at tables and not providing facilities for the consumption
of food in automobiles on or near the restaurant premises.
19.5.40c. Restaurant, With Drive-In Service:
An
eating establishment where food or drink is primarily served to customers
in motor vehicles or where facilities are provided on the premises
which encourage the serving and consumption of food in automobiles
on or near the restaurant premises.
19.5.40d. Restaurant, With Drive-In/Drive-Through Service Only:
An eating establishment which serves food only to persons in
cars and which does not provide facilities for the consumption of
food in automobiles on or near the restaurant premises.
19.5.41. Retail Stores and Shops:
Establishments offering all
types of consumer goods for sale, not elsewhere classified, but excluding
the display and sale in the open outside a building of new or used
automobiles, heavy machinery, building materials, used appliances,
furniture, or salvage materials.
19.5.42. Secondhand Store, Furniture or Clothing:
An establishment
offering for sale used merchandise, with the storage and display of
such items wholly contained inside a building or structure.
19.5.43. Service, Retail:
An establishment engaged in the selling
and/or servicing of goods where a minimum of eighty percent (80%)
of the floor area is devoted to service, repair or fabrication of
such goods. The service area must not be accessible to the general
public. Automotive uses and rental stores are specifically excluded.
19.5.44. Shopping Center:
A group of primarily retail and service
commercial establishments planned, constructed and managed as a total
entity with customer and employee parking provided on-site, provision
for goods delivery separated from customer access, provision of aesthetically
appropriate design and protection from the elements.
19.5.45. Theater (Outdoor):
An open lot with its appurtenant
facilities devoted primarily to the showing of motion picture or theatrical
productions on a paid admission basis to patrons seated in automobiles.
19.5.46. Trailer, Manufactured Housing, or Mobile Home Display and Sales:
The offering for sale, storage, or display of trailers, manufactured
housing, or mobile homes on a parcel of land but excluding the use
of such facilities as dwellings either on a temporary or permanent
basis.
19.5.47. Trailer Rental:
The display and offering for rent of
trailers designed to be towed by passenger cars or other prime movers.
19.5.48. Washateria:
A building or place where clothes and linens
are washed and thoroughly dried by the use of not exceeding three
(3) employees and four (4) automatic single-family machines and where
the operation of washing and/or drying and/or mangle machines is done
exclusively by the customer on a self-service basis, and where the
fuel and power for the heating of water and drying shall be smokeless
and odorless. (See Laundry and Cleaning, Self-Service, Section 19.5.25.)
19.6. Manufacturing,
Storage, and Warehousing Uses
19.6.1. Bottling Works:
A manufacturing facility designed to
place a product into a bottle for distribution.
19.6.2. Cleaning and Dyeing; Dry Cleaning Plant:
An industrial
facility where fabrics are cleaned with substantially nonaqueous organic
solvents. (Also see Cleaning and Dyeing, Small Plant or Shop, Section
19.5.11.)
19.6.3. General Commercial Plant:
An establishment other than
a personal service shop for the treatment and/or processing of products
as a service on a for-profit basis including but not limited to newspaper
printing, laundry plant, or cleaning and dyeing plant.
19.6.4. General Manufacturing:
Manufacturing of finished products
and component products or parts from the transformation, treatment,
or processing of materials or substances, including basic industrial
processing. Such operations must meet the performance standards, bulk
controls, and other requirements in this ordinance.
19.6.5. Industrial Park:
A large tract of land that has been
planned, developed, and operated as an integrated facility for a number
of individual industrial uses, with special attention to circulation,
parking, utility needs, aesthetics, and compatibility.
19.6.6. Junk or Salvage Yard:
A lot upon which waste or scrap
materials are bought, sold, exchanged, stored, packed, disassembled,
or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires and bottles. A “junk yard” includes
an automobile wrecking yard and automobile parts yard. A “junk
yard” does not include such uses conducted entirely within an
enclosed building. (Also see Metal Dealer, Secondhand, Section 19.5.26a.)
19.6.7. Light Manufacturing:
Manufacturing of finished products
or parts, predominantly from previously prepared materials, including
fabrication, assembly, and packaging of such products, and incidental
storage, sales, and distribution of such products, but excluding basic
industrial processing.
19.6.8. Self-Storage, Mini-Warehouse:
A facility used for storage
of goods and/or materials with separate access to individual storage
units by persons renting the individual units.
19.6.9. Storage or Wholesale Warehouse, Light:
A building used
primarily for the storage of goods and materials, containing less
than 5,000 square feet of floor space.
19.6.10. Storage or Wholesale Warehouse, Heavy:
A building used
primarily for the storage of goods and materials, containing more
than 5,000 square feet of floor space.
19.7. Accessory
Uses
19.7.1. Accessory Building or Use:
An accessory building or
use is one which: (a) is subordinate to and serves a principal building
or principal use; and (b) is subordinate in area, extent, or purpose
to the principal building or principal use served; and (c) contributes
to the comfort, convenience and necessity of occupants of the principal
building or principal use served; and (d) is located on the same building
lot as the principal use served.
19.7.2. Carport:
A structure open on a minimum of three (3)
sides designed or used to shelter vehicles, not to exceed twenty-four
(24) feet on its longest dimension.
19.7.3. Construction Yard (Temporary):
A storage yard or assembly
yard for building materials and equipment directly related to a construction
project and subject to removal at completion of construction and subject
to same restrictions as Field Office. (Also see Section 24.2 [20.2].)
19.7.4. Field or Sales Office (Temporary):
A building or structure,
of either permanent or temporary construction, used in connection
with a development or construction project for display purposes or
for housing temporary supervisory or administrative functions related
to development, construction or the sale of real estate properties
within the active development or construction project. Permits for
“temporary buildings” shall be issued for a period of
time not to exceed eighteen (19) [sic] months. Extensions may be granted
only by the City Council. Upon due notice and hearing by and before
the City Council, any such permits granted may be revoked if the City
Council finds the use of the building or structure is contrary to
the intent of this section or results in increased noise, traffic,
or other conditions considered to be a nuisance or hazard. (Also see
Section 19.7.3 above.)
19.7.5. Customary Home Occupation:
An occupation, profession, domestic craft, or economic enterprise
which is customarily conducted in a “residential dwelling”
as hereinafter defined, subject to compliance with each of the following
conditions:
a) “Residential
dwelling” shall mean a detached building designed, used and
occupied exclusively by members of one (1) family as a residence.
b) No
person other than members of a family who reside in the residential
dwelling shall be engaged in such occupation, profession, domestic
craft or economic enterprise.
c) Such
use shall be and remain incidental and subordinate to the principal
use of the residential dwelling as a family residence and the area
utilized for such occupation, profession, domestic craft, or economic
enterprise shall never exceed twenty-five percent (25%) of the total
of the floor area of the residential dwelling.
d) Not
more than one (1) non-illuminated sign advertising the home occupation
shall be allowed; said sign shall be not more than one (1) square
foot in area and shall be mounted on the building in which the home
occupation is being conducted.
e) The
residential dwelling shall maintain its residential character and
shall not be altered or remodeled in order to create any type of exterior
commercial appeal.
f) No
exterior storage of material, equipment, and/or supplies used in conjunction
with such occupation, profession, domestic craft, or enterprise shall
be placed, permitted, or allowed on the premises occupied by the residential
dwelling.
g) No
offensive noise, vibration, smoke, dust, odors, heat, or glare generated
by or associated with the home occupation shall extend beyond the
property line of the lot or tract on which the home occupation is
being conducted.
h) The
occupation, profession, domestic craft, or enterprise shall be conducted
wholly within the residential dwelling and no accessory building shall
be used in conjunction therewith.
i) No
stock, goods, wares, or merchandise shall be sold or kept for sale
on the premises.
j) The
only equipment to be used in such occupation, profession, domestic
craft, or enterprise shall be that which is ordinarily used in a private
home in a like amount and kind.
k) A
home occupation shall not generate such additional traffic as to create
a traffic hazard or disturbance to nearby residents.
19.7.6. Garage, Private:
A detached accessory building or portion
of the main building for the parking or temporary storage of automobiles
of the occupants of the premises; if occupied by vehicles of others,
it is a storage space.
(Ordinance 99-41 adopted 11/2/99)
20.1. Child-Care
Centers
20.1.1. No portion of a child-care center site may be located within three
hundred (300) feet of gasoline pumps or underground gasoline storage
tanks, or any other storage area for explosive or highly combustible
materials.
20.1.2. All child-care centers shall comply with the following standards:
20.1.2.1. All vehicular entrances and exits shall be clearly visible from the
street.
20.1.2.2. All passenger loading and unloading areas shall be located so as
to avoid safety hazards from vehicular traffic and adequate walkways
shall be provided.
20.1.2.3. No child-care center shall be part of a one-family or two-family
dwelling.
20.2. Construction
Yards, Field Offices, and other Temporary Buildings.
Temporary permits for construction yards and field offices and special
use permits or variances regulating temporary buildings shall be issued
for a period of time not to exceed eighteen (18) months. Extensions
may be granted by the City Council. Upon due notice and hearing before
the City Council, any such permit may be revoked if the City Council
finds the use of the building or structure is contrary to the intent
of this ordinance or results in increased noise, traffic, or other
conditions considered to be a nuisance or hazard.
20.3. Radio,
Television, and Microwave Towers
20.3.1. No radio, television, or microwave tower shall be located within
a distance equal to at least the height of such tower from any residential
structure or from any area zoned residential, or shown as residential
on the current Comprehensive Plan. Such distance shall be measured
as the shortest possible distance in a straight line from the closest
point of the tower to the closest point of such area or residence.
20.3.2. The location of radio, television, or microwave reflectors, antennas,
or support structures and associated foundations and any support structures
and associated foundations and any support wires shall be prohibited
within any required front or side yard.
20.3.3. All commercial communication operations or radio, television, or
microwave reflectors, antennas, or structures shall be prohibited
in residential districts.
20.3.4. All commercial signs, flags, lights and attachments other than those
required for communications operations, structural stability, or as
required for flight visibility by the Federal Aviation Administration
(FAA) and Federal Communications Commission (FCC) shall be prohibited.
20.4. Service
Stations.
Gasoline service station pump islands may not
be located nearer than eighteen (18) feet to the front building line
but shall not be closer than ten (10) feet to the property line.
20.5. Swimming
Pools.
It is the purpose of the following provisions
to recognize an outdoor swimming pool as a potentially attractive
nuisance and to promote the safety and enjoyment of property rights
by establishing rules and regulations governing the location and improvement
of swimming pools whether privately, publicly, or commercially owned
or operated.
20.5.1. No swimming pool shall be constructed or used until a swimming pool
building permit has been issued therefor. No building permit shall
be issued unless the proposed sanitary facilities and water supply
comply with applicable local and State health department regulations.
20.5.2. A swimming pool may be constructed and operated when:
20.5.2.1. the pool is not located in any required front or side yard abutting
a street;
20.5.2.2. a wall or fence, not less than six (5) [sic] feet in height, with
self-enclosing and self-latching gates at all entrances, completely
encloses either the pool area or the surrounding yard area;
20.5.2.3. all lighting of the pool is shielded or directed to face away from
adjoining residence. If lights are not individually shielded they
shall be so placed, or the enclosing wall or fence shall be so designed,
that direct rays from the lights shall not be visible from adjacent
properties;
20.5.2.4. no broadcasting system is used for the purpose of advertising the
operation of the pool or for the attraction of persons to the premises.
This shall not prevent a public address system necessary or useful
to the supervision of the pool and the safety of swimmers; and
20.5.2.5. the swimming pool is no closer then eight (8) feet from any property
line.
(Ordinance 99-41 adopted 11/2/99)
21.1. General
Provisions
21.1.1. As permitted under the provisions of this ordinance, a property owner
may petition the City for a specific use of property, as authorized
by the zoning district in which the property is located. Such petition
shall be considered by the City Council. The City Council may require
information, operating data, and expert evaluation concerning the
location and function and characteristics of any building or use proposed.
21.1.2. An application for a Specific Use Permit (SUP) shall be accompanied
by a site plan drawn to scale and showing the general arrangements
of the project, together with essential requirements such as off-street
parking facilities; size, height, construction materials and locations
of buildings; the uses to be permitted; location and construction
of signs; means of ingress and egress to public streets; visual screening
such as walls, landscaping, and fences; and the relationship of the
intended use to all existing properties and land uses in all directions
to a minimum distance of two hundred (200) feet.
21.1.3. After proper notice and a public hearing, the City Council may grant
a permit for a specific use of property as authorized by the zoning
district in which the property is situated. Before granting a specific
use permit for the premises under consideration, the City Council
shall determine that such use or uses are harmonious and adaptable
to building structures and uses of adjacent property and other property
in the vicinity of the premises under consideration. The City Council
shall authorize issuance of a Specific Use Permit only after determining
that adequate provisions have been made for the paving of streets,
alleys, and sidewalks, means of access to public streets, provisions
for drainage, adequate off-street parking, protective screening and
open space, heights of structures, and compatibility of buildings.
The City Council shall authorize issuance of a Specific Use Permit
only after determining that the proposed use or uses are harmonious
and adaptable to building structures and uses of adjacent property
and other property in the vicinity of the premises under consideration.
21.1.4. No Specific Use Permit shall be granted unless the applicant, owner,
and grantee of the Specific Use Permit shall be willing to accept
and agree to be bound by and comply with the written requirements
of the permit, as attached to the site plan drawing (or drawings)
and approved by the City Council. No public hearing is necessary for
site plan approval.
21.1.5. Whenever regulations or restrictions imposed by this ordinance are
either more or less restrictive than regulations imposed by any governmental
authority through legislation, rule, or regulation, the regulations,
rules or restrictions which are more restrictive or impose higher
standards or requirements shall govern. Regardless of any other provision
of this ordinance, no land shall be used and no structure erected
or maintained in violation of any State or Federal pollution control
or environmental protection law or regulation.
21.1.6. When the City Council authorizes granting of a Specific Use Permit,
the Zoning Map shall be amended according to its legend to indicate
that the affected area has conditional and limited uses.
(Ordinance 99-41 adopted 11/2/99)
22.1. Purpose.
To secure safety from fire, panic and other dangers; to lessen
congestion in the streets; to facilitate the adequate provisions of
transportation; to conserve the value of buildings; and to encourage
the most appropriate use of land, minimum off-street parking and loading
shall be provided as set forth in the following schedules and provisions.
22.2. Special
Off-Street Parking Provisions - Residential Districts
22.2.1. Required off-street parking shall be provided on the same site as
the use it serves.
22.2.2. No parking shall be allowed except on a No. 2 base rock or higher
quality surface or a paved concrete or asphalt parking space surface.
22.2.3. No parking structure, including garages, carports, or similar structures,
shall be located within the required front, side, or rear yards of
a lot or tract.
22.3. Size
of Space
22.3.1. Each standard off-street surface parking space shall measure not
less than nine (9) feet by twenty (20) feet, exclusive of access drives
and aisles, and shall be of usable shape and condition. Where it is
possible for a vehicle to overhang the front of a parking space above
a paved, stoned, mulched, or grassed area other than a sidewalk, street
right-of-way, or adjacent property, the length of the standard space
may be reduced to eighteen (18) feet.
22.3.2. Each parking space (on-street or off-street) designed for parallel
parking shall have a minimum dimension of eight (8) feet by twenty-two
(22) feet.
22.4. Parking
Area Standards
22.4.1. To prevent nuisance situations, all parking area lighting shall be
designed and operated so as not to reflect or shine on adjacent properties.
For safety and firefighting purposes, free access through to adjacent
parking areas shall be provided where practical.
22.4.2. Except for single-family and duplex uses, parking spaces shall be
permanently and clearly identified by stripes, buttons, tiles, curbs,
barriers, or other approved methods. Nonpermanent type marking, such
as paint, shall be regularly maintained to ensure continuous clear
identification of the space.
22.5. Off-Street
Parking Incidental to Main Use.
Off-street parking shall
be provided in accordance with the requirements specified by this
ordinance and located on the lot or tract occupied by the main use
or in accordance with Section 22.9 and located within the same zoning
district as the main use.
22.6. Schedule
of Parking Requirements Based on Use.
Off-street parking
shall be provided in sufficient quantities to provide the following
ratio of vehicle spaces for the uses specified in the districts designated.
(Where a calculation results in requiring a fractional space, one
additional space shall be required.)
22.6.1. Bank, savings and loan or similar financial establishment:
One (1) space for each two hundred (200) square feet of total
floor area.
22.6.2. Business or professional office, studio, medical or dental clinic:
Three (3) parking spaces plus one (1) additional parking space
for each two hundred (200) square feet of floor area over five hundred
(500) feet.
22.6.3. Church or other place of worship:
One (1) parking space
for each four (4) seats in the main auditorium.
22.6.4. Clinic of doctor’s or dentist’s office:
One (1) space for each two hundred (200) square feet of total floor
area.
22.6.5. Community center, library, museum or art gallery:
Ten
(10) parking spaces plus one (1) additional space for each three hundred
(300) square feet of floor area in excess of two thousand (2,000)
square feet. If an auditorium is included as a part of the building,
its floor area shall be deducted from the total and additional parking
provided on the basis of one (1) space for each four (4) seats that
it contains.
22.6.6. College or university:
One (1) space for each two (2)
students, plus one (1) space for each classroom, laboratory or instruction
area.
22.6.7. Commercial amusement (indoor):
22.6.7.a. Bowling Alley: 6 spaces for each lane;
22.6.7.b. Racquetball or handball courts: 4 spaces for each court;
22.6.7.c. Indoor tennis courts: 6 spaces for each court;
22.6.7.d. Gymnasium, skating rinks, and martial arts schools or areas: 1 space
for each 3 seats at maximum seating capacity, plus 1 space for each
two hundred (200) square feet;
22.6.7.e. Swimming Pool: 1 space for each one hundred (100) square feet of
gross water surface and deck area;
22.6.7.f. Weight lifting or exercise areas: 1 space for each one hundred (100)
square feet;
22.6.7.g. Bingo Parlors: 1 space for 3 seats (design capacity) or 1 per one
hundred (100) square feet of total floor area, whichever is greater;
22.6.7.h. Indoor jogging or running tracks: 1 space for each one hundred (100)
linear feet;
22.6.7.i. All areas for subsidiary uses not listed above or in other parts
of Section 22.6 (those noted uses such as restaurants, offices, etc.,
shall be calculated with the minimum specified for those individual
uses): 1 space for each one thousand (1,000) square feet.
22.6.7.j. Other: 1 space for each three (3) persons accommodated (design capacity).
22.6.8. Dance hall, assembly or exhibition hall (without fixed seats):
One (1) parking space for each one hundred (100) square feet
of floor area used thereof.
22.6.9. Day nursery, day-care, kindergarten school:
One (1)
space per ten (10) pupils/clients (design capacity).
22.6.10. Dwellings, single-family attached or detached:
Two (2)
parking spaces for each dwelling unit.
22.6.11. Dwellings, multifamily:
One (1) parking space for each
dwelling unit plus one-half (.5) space for each individual bedroom
in all dwelling units.
22.6.12. Flea market:
One and one-half (1.5) spaces for each
two hundred (200) square feet of floor area or market area.
22.6.13. Fraternity, sorority or dormitory:
One (1) parking space
for each two (2) beds.
22.6.14. Furniture or appliance store, hardware store, wholesale establishments,
machinery or equipment sales and service, clothing or shoe repair
or service:
Two (2) parking spaces plus one (1) additional
parking space for each five hundred (500) square feet of floor area
over one thousand (1,000) square feet.
22.6.15. Gasoline service station:
Minimum of five (5) spaces.
22.6.16. Golf course:
Minimum of thirty (30) spaces.
22.6.17. Health care facility:
One (1) space for each four (4)
rooms or beds, whichever is greater.
22.6.18. Hospital:
One (1) space for each two (2) beds.
22.6.19. Hotel or motel:
One (1) parking space for each sleeping
room, unit, or guest accommodation plus one (1) space for each three
hundred (300) square feet of commercial floor area contained therein.
22.6.20. Lodge, or fraternal organization:
One and one-fourth
(1.25) spaces per two hundred (200) square feet.
22.6.21. Manufacturing, processing or repairing:
One (1) parking
space for each two (2) employees on the maximum working shift, plus
space to accommodate all vehicles used in connection therewith, but
not less than one (1) parking space for each 1,000 square feet of
floor area, whichever is greater.
22.6.22. Massage establishment:
One (1) space for each two hundred
(200) square feet of floor area.
22.6.23. Mini-warehouse:
Four (4) spaces per complex plus one
(1) space per five thousand (5,000) square feet of storage area.
22.6.24. Mortuary or funeral home:
One (1) parking space for
each fifty (50) square feet of floor space in slumber rooms, parlors,
or individual funeral service rooms.
22.6.25. Motor vehicle salesrooms and used car lots:
One (1)
parking space for each five hundred (500) square feet of sales floor
for indoor uses, or one (1) parking space for each one thousand (1,000)
square feet of lot area for outdoor uses.
22.6.26. Office, general:
One (1) space for each three hundred
(300) square feet of total floor area.
22.6.27. Office, medical:
One (1) space for each one hundred
seventy-five (175) square feet of floor area.
22.6.28. Office-showroom or office-warehouse:
One (1) space for
each one thousand (1,000) square feet of floor area for storage and
warehousing, plus one (1) space for each one hundred (100) square
feet of office, sales or display area.
22.6.29. Private club:
22.6.29.1. If freestanding or located in a shopping center of 150,000 square
feet or less, one (1) space for each ten (10) square feet of bar,
lounge and waiting areas, plus one (1) space for each one hundred
(100) square feet of remaining floor area.
22.6.29.2. If located in a shopping center of greater than 150,000 square feet,
one (1) space for each one hundred (100) square feet of gross floor
area.
22.6.30. Private country club or golf club:
One (1) parking space
for each two hundred fifty (250) square feet of floor area or for
every five (5) members, whichever is greater.
22.6.31. Recreational area or building (other than listed):
One
(1) space for each two (2) persons to be normally accommodated in
the establishment.
22.6.32. Restaurant, cafeteria, cafe or similar establishment:
One (1) parking space for every one hundred (100) square feet of
floor area.
22.6.33. Retail store or personal service establishment, except as otherwise
specified herein:
One (1) parking space for each two
hundred (200) square feet of floor area.
22.6.34. Sanitarium, convalescent home, home for the aged or similar institutions:
One (1) parking space for each six (6) beds.
22.6.35. School, elementary and middle:
One (1) parking space
for each five (5) seats in the auditorium or main assembly room, or
one (1) space for each classroom plus ten (10) spaces, whichever is
greater.
22.6.36. School, secondary (grades 9-12):
One (1) parking space
for each four (4) seats in the main auditorium, or one (1) space for
each classroom plus one (1) space for each two (2) students accommodated
in the institution, whichever is greater.
22.6.37. Shopping center:
One (1) space for each two hundred
(200) square feet of floor area. The total floor area used for restaurants
and cafeterias (but not including private clubs) which exceeds ten
percent (10%) of the shopping center floor area, shall require additional
parking to be provided in accordance with the requirements for restaurants.
22.6.38. Storage or warehousing:
One (1) space for each two (2)
employees, or one (1) space for each one thousand (1,000) square feet
of total floor area, whichever is greater.
22.6.39. Theater, auditorium (except school), meeting room, sports arena,
stadium, gymnasium, or other places of public assembly:
One (1) parking space for each four (4) seats or bench seating spaces.
22.6.40. Vehicle repair garage:
Three (3) spaces per service
bay, plus one (1) space per employee (maximum shift), plus one (1)
space per tow truck or other service vehicle.
22.7. Off-Street
Parking Requirements for Uses Not Listed.
For those uses
which are not matched with a parking requirement in 22.6, the following
standards shall apply:
General Use Category
|
Parking Space Requirements
|
---|
a.
|
Educational, Institutional, & Special Uses
|
One space per employee
|
b.
|
Transportation, Utility & Communications Uses
|
One space per employee plus one space per stored vehicle
|
c.
|
Accessory & Incidental Uses
|
One space per employee
|
d.
|
Office & Professional Uses
|
One space per 300 square feet of gross floor area
|
e.
|
Automobile & Related Uses
|
One space per employee plus one space per stored vehicle
|
f.
|
Retail Uses
|
One space per 200 square feet of gross floor area
|
g.
|
Service Uses
|
One space per 200 square feet of gross floor area
|
h.
|
Wholesale Uses
|
Same as for “Storage or warehousing”
|
i.
|
Contract Construction Uses
|
One space per employee
|
j.
|
Commercial, Manufacturing, & Industrial Uses
|
Same as for “Manufacturing, processing, or repairing”
|
22.8. Rules
for Computing Number of Parking Spaces.
In computing
the number of parking spaces required for each of the uses in Sections
22.1–22.7), the following rules shall govern:
22.8.1. “Floor Area” shall mean the gross floor area of the specific
use.
22.8.2. Where fractional spaces result, the parking spaces required shall
be rounded to the nearest whole number.
22.8.3. The parking space requirement for a use not specifically mentioned
herein shall be the same as required for a use of similar nature.
22.8.4. In the case of mixed uses, the parking spaces required shall equal
the sum of the requirements of the various uses computed separately.
22.9. Location
of Parking Spaces.
All parking spaces required herein
shall be located on the same lot with the building or use served,
except as follows:
22.9.1. Where an increase in the number of spaces is required by a change
or enlargement of use or where such spaces are provided collectively
or used jointly by two (2) or more buildings or establishments, the
required spaces may be located not more than three hundred (300) feet
from an institutional building served and not more than three hundred
(300) feet from any other nonresidential building served.
22.9.2. Not more than fifty percent (50%) of the parking spaces required
for theaters, bowling alleys, cafes, or similar uses and not more
than eighty percent (80%) of the parking spaces required for a church
or school auditorium or similar uses may be provided and used jointly
by similar uses not normally open, used or operated during the same
hours as those listed; provided, however, that written agreement thereto
is properly executed and filed as specified below.
22.9.3. In any case where the required parking spaces are not located on
the same lot with the building or use served, or where such spaces
are collectively or jointly provided and used, a written agreement
thereby assuring their retention for such purposes shall be properly
drawn and executed by the parties concerned, approved as to form by
the city and executed by the parties concerned, and shall be filed
with the application for a building permit.
22.10. Use
of Parking Spaces - All Districts.
Required off-street
parking and loading spaces shall be used only for these respective
purposes and shall not be used for storage or display of boats, trailers,
campers, motor vehicles or other goods, materials, products for sale,
except as allowed in Section 22.11.
22.11. Special
Off-Street Parking Regulations
22.11.1. In computing the parking requirements for any development, the total
parking requirements shall be the sum of the specific parking space
requirements for each use included in the development. Where multiple
uses are proposed for a building, the parking requirements shall be
calculated on the basis of the most restrictive requirements unless
specific areas of different uses are delineated by floor or building
segment.
22.11.2. Wherever a parking lot is located across the street from or adjacent
to residentially zoned property, and is designed so that headlight
beams will shine into residences (whether or not such residences have
been built at the time the parking lot is constructed), an irrigated
earthen berm or a solid masonry wall or reinforced concrete fence
of not less than three (3) nor more than four (4) feet in height above
the finished grade of the off-street parking area shall be erected
and maintained so as to provide a headlight screen for the residential
district.
22.11.3. The off-street parking spaces designated for each apartment (multifamily)
dwelling unit shall be located within one hundred (100) feet of the
dwelling unit served by such spaces.
22.11.4. In all residential districts, no heavy load vehicle, truck trailer,
truck tractor, mobile home, motor home, camper, trailer, boat, machinery,
farm equipment or machinery, or any other similar equipment or machinery
(called collectively “equipment”) shall be parked or left
standing for more than two (2) days out of any consecutive seven (7)
day period within the required front yard or within the side yard
of a corner lot between the side building line and the side property
line on the side of the lot abutting a street or public right-of-way.
In no event shall equipment or vehicles be parked or left standing
at any time on a surface other than a paved or gravel driveway or
paved parking lot. The driveway shall be located either:
1) between
the street or alley on the one hand, and on the other a garage or
carport;
2) in
the side yard adjacent to the main building; or
3) as
a circular driveway serving the main entrance of the premises.
The driveway shall be no wider than the width of the garage,
carport (or 20 feet whichever is greater) or parking space which it
serves. No more than fifty percent (50%) of the front yard shall be
a driveway. In no event shall vehicles or equipment be parked or left
standing closer than five (5) feet from the front property line.
|
22.11.5. Parking spaces in nonresidential districts shall be provided with
sufficient space for entering and exiting without backing onto a public
street. Parking spaces on the perimeter of the parking lot and abutting
a property line shall have a wheel stop barrier two (2) feet from
the end of the parking space.
22.12. Design
Standards For Parking Structures
22.12.1. In all districts, above-grade parking structures shall conform to
height restrictions for zoning districts in which they are located.
22.12.2. The distance from parking structure entry and exit points to a corner
of a street intersection shall conform to standards contained in the
Subdivision Ordinance.
22.12.3. Ramps shall not be constructed with slopes exceeding fifteen percent
(15%) and single lane entrances shall not be less than twelve (12)
feet wide at the street.
22.12.4. A minimum of one (1) car length shall be provided between an exit
control gate and the inside edge of a sidewalk to minimize conflicts
between exiting cars and pedestrians.
22.12.5. Parking structure facades shall be left fifty percent (50%) open
and interior light levels shall be maintained at ten (10) footcandles
to enhance security and safety. All parking structure lighting shall
be designed so as not to reflect or shine on adjacent properties.
22.12.6. Full enclosure of any level of a parking structure may be permitted
only if such structure is fully sprinklered and mechanically ventilated.
22.13. Off-Street
Loading
22.13.1. All retail, commercial, and industrial structures shall provide and
maintain off-street facilities for the loading and unloading of merchandise
and goods within the building or on the lot adjacent to a private
service drive.
At least one-half of such loading spaces shall have a minimum
dimension of ten (10) feet by forty (40) feet, and the remaining spaces
shall have a minimum dimension of ten (10) feet by twenty (20) feet.
Where such loading space is located adjacent to a residential
district, the space shall be enclosed on three (3) sides.
Loading spaces shall be provided in accordance with the following
schedule:
FOR ALL RETAIL, COMMERCIAL AND INDUSTRIAL USES
|
---|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
---|
0 to 10,000
|
None
|
10,000 to 50,000
|
1
|
50,000 to 100,000
|
2
|
100,000 to 200,000
|
3
|
Each additional 100,000
|
1 additional
|
FOR ALL HOTELS, OFFICE BUILDINGS, RESTAURANTS, SIMILAR ESTABLISHMENTS
|
---|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
---|
0 to 50,000
|
None
|
50,000 to 150,000
|
1
|
150,000 to 300,000
|
2
|
300,000 to 500,000
|
3
|
500,000 to 1,000,000
|
4
|
Each additional 500,000
|
1 additional
|
22.13.2. Kindergartens, day schools, and similar child training and care establishments
shall provide loading and unloading space on a private drive, off-street,
to accommodate one (1) motor vehicle for each ten (10) students or
children cared for by the establishment.
22.13.3. Loading docks for any establishment which customarily receives goods
between the hours of 9:00 p.m. and 8:00 a.m., and is adjacent to a
residential use or district, shall be designed and constructed so
as to fully enclose the loading operation in order to reduce the effects
of the noise of the operation on adjacent residences.
22.13.4. Where adjacent to residential uses or districts, off-street loading
areas shall be screened from view of the residential use or district.
22.14. Stacking
Requirements for Drive-Through Facilities
22.14.1. A stacking space shall be an area on a site measuring eight (8) feet
by twenty (20) feet with direct forward access to a service window
or station of a drive-through facility which does not constitute space
for any other circulation driveway, parking space, or maneuvering
area.
22.14.2. For financial institutions with drive-through facilities, each teller
window or station, human or mechanical, shall be provided with a minimum
of five (5) stacking spaces (from the right-of-way line).
22.14.3. For each service window of a drive-through restaurant, a minimum
of seven (7) stacking spaces (from the right-of-way line) shall be
provided.
22.14.4. For kiosks, a minimum of two (2) stacking spaces (from the right-of-way
line) for each service window shall be provided.
(Ordinance 99-41 adopted 11/2/99)
23.1. Height.
No accessory building shall exceed twenty-five (25) feet in
height, nor shall it be greater in height than the main structure.
23.2. Area
Regulations for Accessory Buildings or Structures in Residential and
Apartment Districts
23.2.1. Front Yard:
Attached accessory buildings, including
garages and carports, shall have a front yard not less than the main
building, or as specified in the particular district. Detached accessory
buildings shall be located in the area defined as the side yard or
rear yard.
23.2.2. Side Yard:
There shall be a side yard not less than
eight (8) feet from any side lot line, alley line, or easement line,
except that adjacent to a side street, the side yard shall never be
less than twenty (20) feet.
23.2.3. Rear Yard:
There shall be a rear yard not less than
ten (10) feet from any lot line, alley line, or easement line. Carports,
garages, or other accessory buildings located within the rear portion
of a lot, as heretofore described, shall not be located closer than
fifteen (15) feet to the main building nor nearer than eight (8) feet
to any side lot line.
(Ordinance 99-41 adopted 11/2/99)
24.1. Zoning
Required Prior to Approval of Plat.
The City Council
shall not approve any plat of any subdivision within the city limits
until the area covered by the proposed plat shall have been permanently
zoned by the City Council.
24.2. Annexation
Prior to Approval of Plat.
The City Council shall not
approve any plat or [of] any subdivision within any area where a petition
or ordinance for annexation or a recommendation for annexation to
the city is pending before the City Council unless and until such
annexation shall have been approved by resolution by the City Council.
24.3. Contemporaneous
Action on Zoning and Annexation.
In the event the City
Council holds a hearing on proposed annexation, it may, at its discretion,
hold a contemporaneous hearing upon the permanent zoning that is to
be applied to the area or tract to be annexed. The City Council may,
at its discretion, act contemporaneously on the matters of permanent
zoning and annexation.
(Ordinance 99-41 adopted 11/2/99)
25.1. Procedure
For Classifying New/Unlisted Uses.
It is recognized that
new types of land use will develop and forms of land use not anticipated
may seek to locate in the city. In order to provide for such changes
and contingencies, a determination as to the appropriate classification
of any new or unlisted form of land use shall be made as follows:
25.1.1. The Zoning Administrator shall refer the question concerning any
new or unlisted use to the City Council as to the zoning classification(s)
into which such use should be placed. The referral of the use interpretation
question shall be accompanied by a statement of facts listing the
nature of the use and whether it involves dwelling activity, sales,
processing, type of product, storage and amount and nature thereof,
enclosed or open storage, anticipated employment, transportation requirements,
the amount of noise, odor, fumes, dust, toxic material, and vibration
likely to be generated and the general requirements for public utilities
such as water and sanitary sewer.
25.1.2. The City Council shall consider the nature and described performance
of the proposed use and its compatibility with the uses permitted
in the various districts, in determining the zoning district or districts
within which such use should be permitted.
25.1.3. The City Council shall by resolution approve or make such determination
concerning the classification of such use as is determined appropriate,
based upon its findings.
(Ordinance 99-41 adopted 11/2/99)
26.1. Procedure
for Creating Building Site/Lot.
No permit for the construction
of a building or buildings upon any tract or plot shall be issued
until a building site, building tract, or building lot has been created
by compliance with one of the following conditions:
26.1.1. The lot or tract is part of a plat of record, properly approved by
the Mayor, and filed in the plat records of the county or counties
in which the lot or tract is located.
26.1.2. The plot, tract or lot faces upon a dedicated street and was separately
owned prior to the effective date of this ordinance or prior to annexation
to the city, whichever is applicable, in which event a building permit
for only one main building conforming to all the requirements of this
ordinance may be issued on each such original separately owned parcel.
26.1.3. The plot or tract is all or part of a site plan officially approved
by the City Council and compliance has been made with provisions and
improvements approved on such site plan for all utility and drainage
easements, dedication of streets, alleys and other public improvements
required to meet the standards established for the platting of land.
Any and all plots, tracts, or lots must be provided access via a public
street or drive.
(Ordinance 99-41 adopted 11/2/99)
27.1. Uses
in Existence at Time of Adoption of Ordinance.
A nonconforming
status shall exist when a use or structure which does not conform
to the regulations prescribed in the district in which such use or
structure is located was in existence and lawfully operating prior
to the adoption of the Zoning Ordinance.
27.2. Expansion
of Nonconforming Use Prohibited.
No nonconforming use
or structure may be expanded or increased beyond the lot or tract
upon which such nonconforming use is located as of the effective date
of this ordinance except to provide off-street loading or off-street
parking space upon approval of the City Council.
27.3. Repairs/Normal
Maintenance on Nonconforming Uses Permitted.
Repairs
and normal maintenance may be made to a nonconforming building provided
that no structural alterations or extensions shall be made except
those required by law or ordinance, unless the building is changed
to a conforming use.
27.4. Change
of Nonconforming to Conforming Use.
Any nonconforming
use may be changed to a conforming use and once such change is made,
the use shall not thereafter be changed back to a nonconforming use.
27.5. Abandonment/Discontinuation
of Nonconforming Use.
Whenever a nonconforming use is
abandoned, all nonconforming rights shall cease and the use of the
premises shall thenceforth be in conformity with this ordinance. Abandonment
shall involve the intent of the user or owner to discontinue a nonconforming
operation and the actual act of discontinuance. Discontinuance of
a business or the vacancy of a building or premises occupied by a
nonconforming use for a period of six (6) months shall be construed
as conclusive proof of intent to abandon the nonconforming use. Any
nonconforming use not involving a permanent type of structure which
is moved from the premises shall be considered to have been abandoned.
27.6. Accidental
Destruction of Nonconforming Use.
If a nonconforming
structure or a structure occupied by a nonconforming use is destroyed
by fire, act of God or other cause, it may not be rebuilt except to
the provisions of this ordinance. In the case of partial destruction
of a nonconforming use not exceeding sixty percent (60%) of its reasonable
value, reconstruction may be permitted after a hearing and favorable
action by the City Council, but the size and function of the nonconforming
use shall not be expanded.
27.7. Replacement
of Nonconforming HUD-Code Manufactured Home.
Notwithstanding
any of the provisions of this section, a nonconforming HUD-Code manufactured
home may be exchanged or replaced by another HUD-Code manufactured
home, provided the newly located residential unit is owner-occupied.
(Ordinance 99-41 adopted 11/2/99)
28.1. Organization
and Appointment.
There is hereby created a Planning and
Zoning Commission which shall be organized, appointed, and function
as follows:
28.1.1. Membership:
The Planning and Zoning Commission shall
consist of five (5) members who are residents of the City of Paradise
or its extraterritorial jurisdiction, each to be appointed by the
City Council for a term of two (2) years and removable for cause by
the appointing authority upon written charges and after public hearing.
Appointees shall fill positions which shall be designated by place
numbers (e.g., place 1, place 2, etc.). Vacancies shall be filled
for the unexpired term of any member whose place becomes vacant for
any cause in the same manner as the original appointment was made.
The City Council may appoint two (2) alternate members of the Planning
and Zoning Commission who shall serve In the absence of one or more
of the regular members when requested to do so by the chairman of
the Planning and Zoning Commission.
28.1.2. Terms:
The terms of members filling places 1, 3, and
5 shall expire on June 30 of each odd-numbered year and the terms
of members filling places 2 and 4 shall expire on June 30 of each
even-numbered year. Commission members may be appointed to succeed
themselves. Vacancies shall be filled for unexpired terms, but no
member shall be appointed for a term in excess of two (2) years. Newly
appointed members shall be installed at the first regular commission
meeting after their appointment.
28.1.3. Organization:
The commission shall hold an organizational
meeting in July of each year. The commission shall meet regularly
and shall designate the time and place of its meetings. The commission
shall adopt its own rules of procedure and keep a record of its proceedings
consistent with the provisions of this ordinance and the requirements
of law. The Planning and Zoning Commission shall elect a chairman
from its own membership at its annual organizational meeting.
28.1.4. Quorum and Compensation:
A quorum for the conduct of
business shall consist of four (4) members and/or alternate members
of the commission. The members shall serve without compensation, except
for reimbursement of authorized expenses attendant to the performance
of their duties.
28.2. Duties
and Authority.
The Planning and Zoning Commission is
hereby charged with the duty and invested with the authority to:
28.2.1. Formulate and recommend to the City Council for its adoption a city
plan for the orderly growth and development of the city and its environs
and from time to time recommend such changes in the plan as it finds
will facilitate the movement of people and goods, and the health,
recreation, safety, and general welfare of the citizens of the city.
28.2.2. Formulate a zoning plan as may be deemed best to carry out the goals
of the city plan; hold public hearings and make recommendations to
the City Council relating to the creation, amendment, and implementation
of zoning regulations and districts as authorized under state law.
28.2.3. Exercise all powers of a commission as to approval or disapproval
of plans, plats, or replats as authorized under state law.
28.2.4. Study and recommend the location, extension, and planning of public
rights-of-way, parks, or other public places, and on the vacating
or closing of same.
28.2.5. Study and make recommendations regarding the general design and location
of public buildings, bridges, viaducts, street fixtures, and other
structures and appurtenances.
28.2.6. Initiate, in the name of the city, proposals for the opening, vacating,
or closing of public rights-of-way, parks, or other public places
and for the change of zoning district boundaries on an area-wide basis.
28.2.7. Formulate and recommend to the City Council for its adoption policies
and regulations consistent with the adopted city plan governing the
location and/or operation of utilities, public facilities, and services
owned or under the control of the city.
28.2.8. Submit each June a progress report to the City Council summarizing
its activities for the past year and a proposed work program for the
coming year.
(Ordinance 99-41 adopted 11/2/99)
29.1. Creation,
Membership and Procedures:
There is hereby established
a Zoning Board of Adjustment, in accordance with the provisions of
Texas Local Government Code, section 211.008, as amended, with the
powers and duties as provided in said Code. Said Board shall be organized,
appointed, and function as follows:
29.1.1. Membership:
The Zoning Board of Adjustment shall consist
of five (5) members who are residents of the City of Paradise or its
extraterritorial jurisdiction, each to be appointed by the City Council
for a term of two (2) years and removable for cause by the appointing
authority upon written charges and after public hearing. Appointees
shall fill positions which shall be designated by place numbers (e.g.,
place 1, place 2, etc.). Vacancies shall be filled for the unexpired
term of any member whose place becomes vacant for any cause in the
same manner as the original appointment was made. The City Council
may appoint four (4) alternate members of the Zoning Board of Adjustment,
so that all cases to be heard by the Board will always be heard by
a minimum number of four (4) members. These alternate members, when
appointed, shall serve for the same period as the regular members,
which is for a term of two (2) years, and any vacancy shall be filled
in the same manner. Alternate members shall be subject to removal
by the same means and under the same procedures as the regular members.
Alternate members shall serve in the absence of one or more of the
regular members when requested to do so by the Mayor.
29.1.2. Terms:
The terms of members filling places 1, 3, and
5 shall expire on June 30 of each odd-numbered year and the terms
of members filling places 2 and 4 shall expire on June 30 of each
even-numbered year. Board members may be appointed to succeed themselves.
Vacancies shall be filled for unexpired terms. Newly appointed members
shall be installed at the first Board meeting after their appointment.
29.1.3. Organization:
The Board shall hold an organizational
meeting in July of each year. Meetings of the Board shall be held
at such times as the Board may determine. The Board shall elect a
chairman from its own membership at its annual organizational meeting.
The Board shall designate the time and place of its meetings. Special
meetings of the Board shall be held at the call of the chairman or
at the written request of two regular members of the Board, said request
to be submitted to the Chairman.
29.1.4. Hearings:
The hearings of the Board shall be public.
The Board shall hear the intervention of any owner of property adjacent
to, in the rear of, or across the street from a lot as to which the
granting of any permit is pending, and shall also hear any other parties
in interest. All hearings are to be heard by at least four (4) members
of the Board.
29.1.5. Rules and Regulations:
The Board shall keep minutes
of its proceedings, showing the vote of each member upon each question
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the City Secretary
and shall be public record. The Board shall act by resolution in which
four (4) members must concur. The Board shall adopt from time to time
such additional rules and regulations as it may deem necessary to
carry into effect the provisions of the ordinance, and shall furnish
a copy of the same to the Zoning Administrator and the Building Inspector,
all of which rules and regulations shall operate uniformly in all
cases. All of its resolutions and orders shall be in accordance therewith.
29.2. Powers
and Duties of Board
29.2.1. Appeals Based on Error:
The Board shall have the power
to hear and decide appeals where it is alleged there is error of law
in any order, requirement, decision or determination made by an administrative
official of the city in the enforcement of this ordinance.
29.2.2. Special Exceptions:
The Board shall have the power to hear and decide special exceptions
to the terms of this ordinance upon which the Board is required to
pass as follows:
29.2.2.1. Permit the erection and use of a building or the use of premises
for railroads if such uses are in general conformity with the Master
Plan and present no conflict or nuisance to adjacent properties.
29.2.2.2. Permit a public utility or public service or structure in any district,
or a public utility or public service building of a ground area and
of a height at variance with those provided for in the district in
which such public utility or public service building is permitted
to be located, when found reasonably necessary for the public health,
convenience, safety, or general welfare.
29.2.2.3. Grant a permit for the extension of a use, height, or area regulation
into an adjoining district where the boundary line of the district
divides a lot in a single ownership on the effective date of this
ordinance.
29.2.2.4. Permit the reconstruction of a nonconforming building which has been
damaged by explosion, fire, act of God, or the public enemy, to the
extent of more than fifty percent (50%) of its fair market value,
where the Board finds some compelling necessity requiring a continuance
of the nonconforming use and primary purpose of continuing the nonconforming
use is not to continue a monopoly.
29.2.2.5. Waive or reduce the parking and loading requirements in any of the
districts, whenever the character or use of the building is such as
to make unnecessary the full provision of parking or loading facilities,
or where such regulations would impose an unreasonable hardship upon
the use of the lot, as contrasted with merely granting an advantage
or a convenience.
29.2.2.6. Determine whether an industry should be permitted within the I-1
- Light Industrial District and I-2 - Heavy Industrial District because
of the methods by which it would be operated and because of its effect
upon uses within surrounding zoning districts.
29.2.2.7. Rule on all applications on siting of manufactured homes in districts
not so zoned. Approval shall only be allowed in cases of extreme hardship
under guidelines established by the Board.
29.2.3. Limitation on Reapplications:
When the Board has denied
a proposal, no new applications of similar nature shall be accepted
by the Board or scheduled for twelve (12) months after the date of
Board denial. Applications which have been withdrawn at or before
the Board meeting may be resubmitted at any time for hearing before
the Board.
29.2.4. Vote of Four Members Required:
The concurring vote of four members of the Board is necessary
to:
(a) reverse an order, requirement, decision or determination of an administrative
official:
(b) decide in favor of an applicant on a matter on which the Board is
required to pass; or
(c) authorize a variation from the terms of a zoning ordinance.
29.3. Appeals
29.3.1. Procedure:
Appeals may be taken to and before the Zoning
Board of Adjustment by any person aggrieved, or by any officer, department,
board or bureau in the city. Such appeal shall be made by filing in
the office of the City Secretary a notice of appeal and specifying
the grounds thereof. The office or department from which the appeal
is taken shall forthwith transmit to the Board all of the papers constituting
the record from which the action appealed was taken.
29.3.2. Stay of Proceedings:
An appeal shall stay all proceedings
in furtherance of the action appealed from unless the Building Inspector
shall certify to the Zoning Board of Adjustment that, by reason of
facts in the certificate, a stay would cause imminent peril to life
or property, in which case proceedings shall not be stayed otherwise
than by a restraining order which may be granted or by a court of
equity, after notice to the office from whom the appeal is taken.
29.3.3. Notice of Hearing on Appeal:
The Board shall fix a reasonable
time for the hearing of the appeal or other matter referred to it,
and shall mail notices of such hearing to the petitioner and to the
owners of property lying within two hundred (200) feet of any point
of the lot or portion thereof on which a variation is desired, and
to all other persons deemed by the Board to be affected thereby, such
owners and persons being determined according to the current tax rolls
of the City. Depositing of such written notice in the mail shall be
deemed sufficient compliance therewith.
29.3.4. Decision by Board:
The Board shall decide the appeal
within a reasonable time. Upon the hearing, any party may appear in
person or by agent or attorney. The Board may reverse or affirm wholly
or partly or may modify the order, requirements, decision, or determination
as in its opinion ought to be made in the premises, and to that end,
shall have all powers of the officer or department from whom the appeal
is taken.
29.4. Variances.
The Board shall have the
power to authorize upon appeal in specific cases such variance from
the terms of this ordinance as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement
of the provisions of this ordinance will result in unnecessary hardship
and so that the spirit of this ordinance shall be observed and substantial
justice done, including the following:
29.4.1. Permit a variance in the yard requirements of any district where
there are unusual and practical difficulties or unnecessary hardships
in the carrying out of the provisions due to an irregular shape of
the lot or topographical or other conditions, provided such variance
will not seriously affect any adjoining property or the general welfare.
29.4.2. Authorize, upon appeal, whenever a property owner can show that a
strict application of the terms of this ordinance relating to the
construction or alterations of buildings or structures will impose
upon him unusual and practical difficulties or particular hardship,
such variances from the strict application of the terms of this ordinance
as are in harmony with its own general purpose and intent, but only
when the Board is satisfied that granting of such variation will not
merely serve as a convenience to the applicant, but will alleviate
some demonstrable and unusual hardship or difficulty so great as to
warrant a variance from the Comprehensive Plan as established by this
ordinance and at the same time, the surrounding property will be properly
protected.
29.4.3. The Board shall have the power to hear and decide appeals where it
is alleged there is error of law in any order, requirements, decision
or determination made by the Building Inspector in the enforcement
of this ordinance. Except as otherwise provided herein, the Board
shall have, in addition, the following specific powers:
29.4.3.1. To permit the erection and use of a building or the use of premises
for railroads if such uses are in general conformance with the Master
Plan and present no conflict or nuisance to adjacent properties.
29.4.3.2. To permit a public utility or public service or structure in any
district, or a public utility or public service building of a ground
area and of a height at variance with those provided for in the district
in which such public utility or public service building is permitted
to be located, when found reasonably necessary for the public health,
convenience, safety, or general welfare.
29.4.3.3. To grant a permit for the extension of a use, height or area regulation
into an adjoining district, where the boundary line of the district
divides a lot in a single ownership on the effective date of this
ordinance.
29.4.3.4. To permit the reconstruction of a nonconforming building which has
been damaged by explosion, fire, act of God, or the public enemy,
to the extent of more than ninety percent (90%) of its fair market
value, where the Board finds some compelling necessity requiring a
continuance of the nonconforming use.
29.4.3.5. To waive or reduce the parking and loading requirements in any of
the districts, when (i) the character or use of the building is such
as to make unnecessary the full provision of parking or loading facilities;
or (ii) when such regulations would impose an unreasonable hardship
upon the use of the lot. The Board shall not waive or reduce such
requirements merely for the purpose of granting an advantage or a
convenience.
29.4.4. A written application for variance shall be submitted together with
the required fee, accompanied by an accurate legal description, maps,
site plans, drawings and any necessary data, demonstrating:
a)
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that special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district;
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b)
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that literal interpretation of the provisions of this ordinance
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this ordinance;
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c)
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that the special conditions and circumstances do not result
from the actions of the applicant;
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d)
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that granting the variance requested will not confer on the
applicant any special privilege that is denied by this ordinance to
other lands, structures or buildings in the same district; and
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e)
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no nonconforming use of neighboring lands, structures, or buildings
in the same district and no permitted use of lands, structures, or
buildings in other districts shall be considered grounds for the issuance
of a variance.
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29.5. Changes.
The Board shall have no authority to change any provisions of
this ordinance and its jurisdiction is limited to hardship and borderline
cases which may arise from time to time. The Board may not change
the district designation of any land either to a more or less restrictive
zone.
It is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the administrative official,
that such questions shall be presented to the Board only on appeal
from the decision of the Building Official and that recourse from
the decisions of the Zoning Board of Adjustment shall be to the courts
as provided by the laws of the State of Texas.
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(Ordinance 99-41 adopted 11/2/99)
30.1. General
Rules of Construction:
The following rules of construction
shall apply to the interpretation of words used in this ordinance:
30.1.1. words used in the present tense include the future tense;
30.1.2. words used in the singular number include the plural number;
30.1.3. words in the plural number include the singular number;
30.1.4. the words “building” and “structure” are
synonymous;
30.1.5. the words “lot,” “plot” and “tract”
are synonymous; and
30.1.6. the word “shall” is mandatory and not discretionary.
30.2. Special
Definitions.
Except to the extent a particular provision
specifies otherwise, the following definitions shall apply throughout
this ordinance:
30.2.1. Abutting Property:
Property abutting
upon a street shall also be understood as abutting property on the
other side of the street.
30.2.2. Accessory Use or Building:
A use or
building subordinate to and detached from the main building and used
for purposes customarily incidental to the primary use of the premises.
30.2.3. Adjacent:
Shall mean “next to”
or “closest to” but shall not necessarily mean “touching.”
30.2.4. Alley:
A public space or thoroughfare
which affords only secondary means of access to property abutting
thereon.
30.2.5. Antenna/Microwave Reflector:
An apparatus
constructed of solid, mesh, or perforated materials of any configuration
that is used to receive and/or transmit microwave signals from a terrestrial
or orbitally located transmitter or transmitter relay. This definition
is meant to include but is not limited to what are commonly referred
to as satellite receive only earth stations.
30.2.6. Antenna, Radio or Television:
The arrangement
of wires or metal rods used in sending and/or receiving of electromagnetic
waves.
30.2.7. Apartment:
A room or suite of rooms
in a multifamily dwelling or apartment house designed or occupied
as a place of residence by a single family, individual or group of
individuals.
30.2.8. Apartment House:
Any building or portion
thereof, which is designed, built, rented, leased or let to be occupied
as a home or place of residence by three (3) or more families living
in independent dwelling units.
30.2.9. Area of the Lot or Building Site:
The
area shall be the net area of the lot or site and shall not include
portions of streets and alleys.
30.2.11. Basement:
A building story which is
partly underground, but having at least one-half of its height above
the average level of the adjoining ground. A basement shall not be
counted as a story in computing building height.
30.2.12. Block:
An area enclosed by streets
and occupied by or intended for buildings; where this word is used
as a term of measurement, it shall mean the distance along a side
of a street between the nearest two (2) streets which intersect said
street on said side.
30.2.13. Board of Adjustment:
The Zoning Board
of Adjustment of the City of Paradise.
30.2.14. Buildable Width:
The width of the building
site left to be built upon after the required side yards are provided.
30.2.15. Building:
Any structure built for the
support, shelter and enclosure of persons, animals, chattels or movable
property of any kind. When subdivided in a manner sufficient to prevent
the spread of fire, each portion so subdivided may be deemed a separate
building.
30.2.16. Building, Detached:
A building surrounded
by yard or open space on the same building lot.
30.2.17. Building Ends:
Those sides of a building
having the least dimension as compared to the front or rear of a building.
As used in the building spacing regulations for multiple-family dwelling,
the term “building end” shall mean the narrowest side
of a building regardless of whether it fronts upon a street, faces
the rear of the lot or adjoins the side lot line or another building.
30.2.18. Building, Front Of:
The side of a building
most nearly parallel with and adjacent to the front of the lot on
which it is situated.
30.2.19. Building Inspector:
The Building Official
or person charged with the enforcement of the zoning and building
codes of the city.
30.2.21. Building Line:
A line parallel or approximately
parallel to the street line at a specified distance therefrom constituting
the minimum distance from the street line that a building may be erected.
30.2.22. Building Lot:
A single tract of land
located within a single block which (at time of filing for a building
permit) is designed by its owner or developer as a tract to be used,
developed, or built upon as a unit, under single ownership or control.
It shall front upon a street or approved place. Therefore, a “building
lot” may not coincide with a lot of record. A “building
lot” may be subsequently subdivided into two (2) or more “building
lots,” and a number of “building lots” may be cumulated
into one “building lot,” subject to the provisions of
this ordinance.
30.2.23. Building, Main or Primary:
A building
in which is conducted the principal use of the lot on which it is
situated.
30.2.24. Building Official:
The Building Inspector.
30.2.25. Canopy:
Any structure of a permanent
fixed nature attached to or independent of the main structure, built
and designed for the purpose of shielding from the elements, persons
or chattels or a roof-like structure of a permanent nature which is
supported by or projects from the wall of a structure.
30.2.26. Cellar:
A building story with more
than one-half (1/2) its height below the average level of the adjoining
ground. A cellar shall not be counted as a story in computing building
height.
30.2.27. Certificate of Occupancy and Compliance:
An official certificate issued by the city through the enforcing
official indicating conformance with or approved conditional waiver
from the zoning regulations and authorizing legal use of the premises
for which it is issued.
30.2.28. Contiguous:
Shall mean “touching”
or “in contact.”
30.2.29. Court:
An open, unoccupied space, bounded
on more than two (2) sides by the walls of a building. An inner court
is a court entirely surrounded by the exterior walls of a building.
An outer court is a court having one (1) side open to a street, alley,
yard or other permanent space.
30.2.30. Coverage:
The percent of a lot or tract
covered by the roof or first floor of a building.
30.2.31. Depth of Lot:
The mean horizontal distance
between the front and rear lot lines.
30.2.32. Depth of Rear Yard:
The mean horizontal
distance between the rear line of a building other than an accessory
building and the rear lot line except as modified in the text of any
section in this ordinance.
30.2.33. District:
A section of the city for
which the regulations governing the area, height or use of the land
and buildings are uniform.
30.2.34. Duplex:
A building designed for occupancy
by two families living independently of each other within separate
units which have a common wall and are under one roof.
30.2.35. Dwelling Unit:
A building or portion
thereof designed exclusively for residential occupancy, including
one (1) family, two (2) family, and multiple-family dwellings, except
for buildings designed and used as hotels, boarding houses, rooming
houses, and motels.
30.2.36. Family:
An individual or group of two
or more persons related by blood, marriage, adoption or guardianship
including foster children, exchange students, and servants together
with not more than two (2) additional persons not related by blood,
marriage or adoption to the previously identified individual or group,
living together as a single housekeeping unit in a dwelling unit or
a Family Home for the Disabled as defined by the Community Homes for
Disabled Persons Location Act, Article 1011n of V.A.C.S., as it presently
exists or may be amended in the future, but not including household
care or rehabilitation care facilities.
30.2.37. Flood Plain:
An area of land subject
to inundation by a 100-year frequency flood, as shown on the flood
plain map of the City of Paradise. The term “flood plain”
is interchangeable with the term “flood hazard area.”
30.2.38. Floor Area:
The total square feet of
floor space within the outside dimensions of a building including
each floor level, but excluding cellars, carports, garages or porches.
30.2.39. Floor Area Ratio:
The ratio of total
building floor area to lot area.
30.2.41. Front Yard:
See Yard, front (Section
30.2.104a).
30.2.42. Garage Sale:
The sale of items normally accumulated by a household subject
to compliance with each of the following conditions:
a) No
more than three (3) garage sales shall be allowed for the same location
in any twelve (12) month period. The duration of the garage sale shall
not exceed three (3) consecutive days.
b) No
items shall be purchased for a garage sale for the purpose of resale.
c) No
items for sale shall be displayed outside of the residence, garage
or carport.
d) One
(1) unlighted sign not exceeding twelve (12) square feet in area shall
be permitted. Said sign shall pertain to the garage sale only and
shall be located on the property. Said sign shall be permitted for
the three (3) day period.
30.2.43. Gross Floor Area:
The gross floor area
of a building shall be measured by taking outside dimensions of the
building at each floor level.
30.2.44. Heavy Load Vehicle (HLV):
A self-propelled
vehicle having a Manufacturer’s Recommended Gross Vehicle Weight
(GVW) of greater than 11,000 pounds, such as large recreational vehicles,
tractor-trailers, buses, vans, and other similar vehicles. The term
“truck” shall be construed to mean “heavy load vehicle”
unless specifically stated otherwise.
30.2.45. Height:
The vertical distance of a
building measured from the average established grade at the street
line or from the average natural front yard ground level, whichever
is higher, to (1) the highest point of the roof’s surface if
a flat surface, (2) to the deck line of mansard roofs, or (3) to the
mean height level between eaves and edge for hip and gable roofs and,
in any event, excluding chimneys, cooling towers, elevator bulkheads,
penthouses, tanks, water towers, radio towers, ornamental cupolas,
domes or spires, and parapet walls not exceeding ten (10) feet. If
the street grade has not been officially established, the average
front yard grade shall be used for a base level.
30.2.46. Industrialized Housing:
A residential
structure designed for use and occupancy by one (1) or more families,
constructed in one (1) or more modular components built at a location
other than the permanent residential site, designed to be used as
a permanent residential structure when the modules or modular components
are transported to the permanent residential site and are erected
or installed on a permanent foundation system. The term shall not
mean or apply to (a) housing constructed of sectional or panelized
systems not utilizing modular components; or (b) any ready-built home
which is constructed so that the entire living area is contained in
a single unit or section at a temporary location for the purpose of
selling it and moving it to another location.
30.2.47. Landscape Screen:
Plant material of
the evergreen variety, a minimum of six (6) feet in height at the
time of installation and planted on four (4) foot centers. All such
landscape screens shall be permanently maintained. Adequate facilities
shall be provided for permanent watering at the time of installation.
30.2.48. Light Load Vehicles (LLV):
A self-propelled
vehicle having a Manufacturer’s Recommended Gross Vehicle Weight
not greater than 11,000 pounds, and having no more than two (2) axles,
such as pick-up trucks, vans, recreational vehicles, campers and other
similar vehicles, but not including automobiles and motorcycles.
30.2.49. Living Unit:
The room or rooms occupied
by a family and which includes cooking facilities.
30.2.51. Lot:
An undivided tract or parcel of
land under one (1) ownership having frontage upon a public street
or officially approved place, either occupied or to be occupied by
a building or building group, together with accessory buildings, and
used together with such yards and other open spaces as are required
by this ordinance, which parcel of land is designated as a separate
and distinct tract and is identified by a tract or lot number or symbol
in a duly approved subdivision plat of record.
30.2.52. Lot, Corner:
A lot abutting upon two
(2) or more streets at their intersection or upon two (2) parts of
the same street forming an interior angle of less than 135 degrees.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the Building Inspector.
30.2.53. Lot Coverage:
The percentage of the
total area of a lot occupied by the base (first story or floor) of
a building located on the lot or the area determined as the maximum
cross-sectional area of the building.
30.2.55. Lot Line, Front:
That boundary of a
building lot which is the line of an existing or dedicated street.
Upon corner lots either street line may be selected as the front lot
line providing a front and rear yard are provided adjacent and opposite,
respectively, to the front lot line.
30.2.56. Lot Line, Rear:
That boundary of a
building lot which is most distant from or is most nearly parallel
to the front lot line.
30.2.57. Lot Line, Side:
That boundary of a
building lot which is not a front lot line or a rear lot line.
30.2.58. Lot Lines:
The lines bounding a lot
as defined herein.
30.2.59. Lot of Record:
A lot which is part
of a subdivision, a plat of which has been recorded in the office
of the county clerk; or a parcel of land the deed for which is recorded
in the office of the county clerk prior to the adoption of this ordinance.
30.2.61. Lot or Building Site:
Land occupied
or to be occupied by a building and its accessory building, and including
such open spaces as are required under this ordinance, and having
its principal frontage upon a public street or officially approved
place.
30.2.62. Lot Width:
The width of a lot at the
front building lines.
30.2.63. Main Building:
The building or buildings
on a lot which are occupied by the primary use.
30.2.64. Manufactured Home (HUD-Code) Park:
Any tract of land, under single ownership, of not less than two (2)
acres and not more than ten (10) acres, approved for occupancy by
manufactured housing and accessory structures related thereto and
designed and operated in accordance with standards herein set forth
or as set forth in any other ordinance of the City of Paradise relating
to the location, use, construction, operation or maintenance of manufactured
housing.
30.2.65. Manufactured Home (HUD-Code) Subdivision:
A tract of land of not less than ten (10) acres to be used as
a location primarily for owner-occupied HUD-Code manufactured homes
and which has been final platted of record in its entirety in accordance
with the City of Paradise Subdivision Regulations.
30.2.66. Manufactured Modular Home:
“Modular
Home” means a structure or building module as defined by statute
and under the jurisdiction and control of the Texas Department of
Labor and Standards, installed and used as a residence by a consumer,
transportable in one (1) or more sections on a temporary chassis or
other conveyance device, and designed to be used on a permanent foundation
system. The term includes the plumbing, heating, air conditioning,
and electrical systems contained in the structure. The term does not
include a mobile home as defined by statute; nor does it include building
modules incorporating concrete or masonry as the primary structural
component.
30.2.67. Manufacturing Processes:
Uses restricted
from other zoning districts but permitted in the I-1 and I-2 districts
under this definition are manufacturing and industrial uses which
do not emit dust, smoke, odor, gas, fumes, or present a possible hazard
beyond the bounding property lines of the lot or tract upon which
the use or uses are located, and which do not generate noise or vibration
at the boundary of the lot or tract which is generally perceptible
in frequency or pressure above the ambient level of noise or vibration
in the adjacent areas.
30.2.68. Mobile Home Park:
See Manufactured
Home (HUD-Code) Park.
30.2.69. Mobile Home Subdivision:
See Manufactured
Home (HUD-Code) Subdivision.
30.2.71. Nonconforming Building or Use:
A building,
structure or use of land lawfully occupied at the time of the effective
date of this ordinance or amendments thereto, and which does not conform
to the use regulations of the district in which it is located.
30.2.72. Occupancy:
The use or intended use
of the land or buildings by proprietors or tenants.
30.2.73. Off-Street Parking Incidental to Main Use:
Off-street parking spaces provided in accordance with the requirements
specified by this ordinance and located on the lot or tract occupied
by the main use or within two hundred (200) feet of such lot or tract
and located within the same zoning district as the main use or in
an adjacent parking district.
30.2.74. Off-Street Parking Space:
An area for
the temporary storage of an automobile which shall be permanently
reserved for such purpose and which shall not be within or on any
public street, alley or other right-of-way. (See Section 21 [22] for
detailed descriptions and regulations.)
30.2.75. Open Space:
Area included in any side,
rear or front yard or any unoccupied space on the lot that is open
and unobstructed to the sky except for the ordinary projections of
cornices, eaves, porches and plant material.
30.2.76. Open Storage:
The storage of any equipment,
machinery, commodities, raw, semi-finished materials, and building
materials, not accessory to a residential use, which is visible from
any point on the building lot line when viewed from ground level to
six (6) feet above ground level, for more than twenty-four (24) hours.
30.2.77. Parking Space:
An all-weather surfaced
area used for parking a vehicle, not on a public street or alley,
together with an all-weather surfaced driveway connecting the area
with a street, permitting free ingress and egress without encroachment
on the street.
30.2.78. Planning and Zoning Commission:
The
Planning and Zoning Commission of the City of Paradise.
30.2.79. Plat:
A plan of a subdivision of land
creating building lots or tracts and showing all essential dimensions
and other information essential to comply with the subdivision standards
of the City of Paradise and subject to approval by the City Council.
30.2.81. Radio, Television or Microwave Towers:
Structures supporting antenna for transmitting or receiving any portion
of the radio spectrum but excluding noncommercial antenna installations
for home use of radio or television.
30.2.82. Residence:
Same as dwelling; when used
with district, an area of residential regulations.
30.2.83. Residential District:
Any zoning district
included in this ordinance in which residential use constitutes the
primary permitted use classification, including the R-1, R-2, and
MHP district classifications.
30.2.84. Room:
A building or portion of a building
which is arranged, occupied, or intended to be occupied as living
or sleeping quarters, but not including toilet or cooking facilities.
30.2.85. Screening Device:
See “Landscape
Screen.”
30.2.86. Setback:
The minimum horizontal distance
between the front wall of any projection of the building, excluding
steps and unenclosed porch and the side street. [sic]
30.2.87. Sign:
An outdoor advertising device
that is a structure, or that is attached to or painted on a building,
or that is leaned against a structure for display on premises.
30.2.88. Site Plan:
A detailed line drawing, to scale, showing scale used, north arrow,
date and title of project, clearly describing the project and showing
the following information:
a) Property
lines, location and widths of all streets, alleys and easements.
b) Proper
dimensions on all fundamental features such as lots, buildings, parking
spaces and landscaped areas.
c) The
location of setback lines, driveway openings and sidewalks.
d) All
proposed buildings, freestanding sign locations, parking areas and
open spaces.
e) All
required landscaping, together with a description of type of material
to be used.
f) A
cross-section of any required or proposed screening.
g) Total
square footage of the development lot; total square footage of proposed
structures; total footage of landscaped areas; total percentage of
coverage; density of floor area ratio where applicable; height of
all structures; number of parking spaces; square footage and design
features of all signs; and solid waste collection facilities.
h) Name,
address and telephone number of the proponent.
30.2.89. Story:
The height between the successive
floors of a building from the top floor to the roof. The standard
height for a story is eleven (11) feet, six (6) inches.
30.2.90. Street:
Any thoroughfare or public
driveway, other than an alley, more than thirty (30) feet in width,
which has been dedicated or deeded to the public for public use.
30.2.91. Street Line:
A dividing line between
a lot, tract or parcel of land and a contiguous street; the right-of-way.
30.2.92. Street, Local or Residential:
A street
designed to serve properties abutting and in the immediate vicinity
of the street, having a minimum right-of-way width of fifty (50) feet
in single-family residential districts and seventy-five (75) feet
in all other districts.
30.2.93. Street, Major:
A street designed to
serve the entire community or substantial portions of the community,
as well as traffic of non-local origin and destination, having a minimum
right-of-way width of one hundred (100) feet.
30.2.94. Street, Secondary or Collector:
A street
designed to serve an area roughly one quarter (1/4) mile distant from
each side of the street having minimum right-of-way width of seventy-five
(75) feet.
30.2.95. Structural Alterations:
Any change
in the supporting member of a building, such as a bearing wall, column,
beams or girders.
30.2.97. Swimming Pool (Private):
A swimming
pool constructed for the exclusive use of the residents of a single-family,
two-family or apartment dwelling and located within the required side
or rear yards; however, a pool shall not be located closer than eight
(8) feet to any property line.
30.2.98. Tennis Court (Private):
A surface designed
and constructed for playing the game of tennis along with all fencing,
nets and related appurtenances but excluding lighting for night play
in residential areas except as may be otherwise provided or restricted
by the Specific Use Permit.
30.2.100. Two-Family Dwelling:
A building designed
for occupancy by two families living independently of each other within
separate units which have a common wall and are under one roof.
30.2.101. Usable Open Space:
An open area which
is designed and intended to be used for outdoor living and/or recreation.
An area of common usable open space shall have a slope not exceeding
ten percent (10%), shall have no dimension of less than ten (10) feet,
and may include landscaping, walks, water features and decorative
objects. Usable open space shall not include rooftops, accessory buildings,
parking areas, driveways, turn-around areas, or right-of-way or easement
for streets or alleys.
30.2.102. Variance:
An adjustment in the application
of the specific regulations of the Zoning Ordinance to a particular
parcel of property which, because of special conditions or circumstances
peculiar to the particular parcel, is necessary to prevent the property
from being deprived of rights and privileges enjoyed by other parcels
in the same vicinity and zoning district.
30.2.103. Wholesale:
The sale of goods, merchandise,
services and/or commodities for resale by the purchaser and does not
offer retail sales to the general public.
30.2.104. Yard:
An open space, other than a court,
on the lot in which a building is situated and which is not obstructed
from a point forty (40) inches above the general ground level of the
graded lot to the sky, except as provided for roof overhang and similar
special architectural features and plant material.
30.2.104a. Yard, Front:
An open,
unoccupied space on a lot facing a street extending across the front
of a lot between the side lot lines and from the main building to
the front lot or street line with the minimum horizontal distance
between the street line and the main building line as specified for
the district in which it is located.
30.2.104b. Yard, Rear:
An open,
unoccupied space, except for accessory buildings as herein permitted
extending across the rear of a lot from one (1) side lot line to the
other side lot line.
30.2.104c. Yard, Side:
An open,
unoccupied space or spaces on one (1) side or two (2) sides of a main
building and on the same lot with the building, situated between the
building and a side line of the lot and extending through from the
front yard to the rear yard. Any lot line not the rear line or front
line shall be deemed a side line.
30.2.105. Zoning Administrator:
The person appointed
by the Mayor to administer the provisions of these ordinances.
30.2.106. Zoning District Map:
The official certified
map upon which the boundaries of the various zoning districts are
drawn.
30.2.107. Zoning Ordinance:
This ordinance containing
land use regulations for the City of Paradise.
(Ordinance 99-41 adopted 11/2/99)
31.1. General
Requirements.
No permanent structure may be constructed
or otherwise located within the city limits prior to issuance of a
Building Permit by the Building Inspector. No permanent structure
constructed or otherwise located within the city limits may be occupied
prior to issuance of a Certificate of Occupancy by the Building Inspector.
No change in the existing conforming use of a permanent structure,
or of land to a use of a different classification under this ordinance,
and no change in the legally conforming use of a permanent structure
or of land may take place prior to issuance of a Certificate of Occupancy
by the Building Inspector.
31.2. Procedure
for New or Altered Buildings.
Plans for any permanent
structure to be constructed or otherwise located within the city limits
must be approved by the Building Inspector who, upon approval, shall
issue a Building Permit. A complete application for a Building Permit
shall contain details of foundation and structure sufficient to determine
compliance with applicable provisions of the Building Code. Upon submission
of a complete application, the Building Inspector shall issue a Building
Permit. After issuance of a Building Permit and prior to issuance
of a Certificate of Occupancy, the Building Inspector shall conduct
a foundation, plumbing, electrical and framing inspection. After such
inspection, the Building Inspector shall issue a Certificate of Occupancy
if the plans and the results of the inspection comply with the provisions
of all applicable ordinances and regulations.
31.3. Procedure
for Vacant Land or a Change in Use.
Written application
for a Certificate of Occupancy for the use of vacant land, or for
a change in the use of land or a building, or for a change in a nonconforming
use, as herein provided, shall be made to said Building Inspector.
If the proposed use is in conformity with the provisions of this ordinance,
the Certificate of Occupancy therefor shall be issued within ten (10)
days after the application for same has been made.
31.4. Contents
of Certificate of Occupancy.
Every Certificate of Occupancy
shall state that the building or the proposed use of a building or
land complies with all provisions of the building and fire laws and
ordinances. A record of all Certificates of Occupancy shall be kept
on file in the Office of the Building Inspector or his agent and copies
shall be furnished on request to any person having proprietary or
tenancy interest in the building or land affected.
31.5. Temporary
Certificate.
Pending the issuance of a regular certificate,
a temporary Certificate of Occupancy may be issued by the Building
Inspector for a period not exceeding six (6) months during the completion
of alterations or during partial occupancy of a building pending its
completion. Issuance of a temporary certificate shall not be construed
to alter the respective rights, duties, or obligations of the owner
or of the City relating to the use occupancy of the premises or any
other matter covered by this ordinance.
31.6. Certificates
for Nonconforming Uses.
A Certificate of Occupancy shall
be required for all lawful nonconforming uses of land or buildings
created by adoption of this ordinance. Application for such Certificate
of Occupancy for a nonconforming use shall be filed with the Building
Inspector by the owner or lessee of the building or land occupied
by such nonconforming use within one (1) year of the effective date
of this ordinance. It shall be the duty of the Building Inspector
to issue a Certificate of Occupancy for a lawful nonconforming use,
but failure to apply for such Certificate of Occupancy for a nonconforming
use shall be evidence that said nonconforming use was either illegal
or did not lawfully exist at the effective date of this ordinance.
(Ordinance 99-41 adopted 11/2/99)
32.1. Declaration
of Policy.
The City declares the enactment of these regulations
governing the use and development of land, buildings, and structures
to be a measure necessary to the orderly development of the community.
Therefore, no change shall be made in these regulations or in the
boundaries of the zoning districts except:
32.1.1. To correct any error in the regulations or map.
32.1.2. To recognize changed or changing conditions or circumstances in a
particular locality.
32.1.3. To recognize changes in technology, style of living, or manner of
doing business.
32.2. Authority
to Amend Ordinance.
The City Council may from time to
time, after public hearings required by law, amend, supplement, or
change the regulations herein provided or the classification or boundaries
of the zoning districts. Any amendment, supplement, or change to the
text of the Zoning Ordinance and any change in the classification
or boundaries of the zoning districts may be ordered for consideration
by the City Council or may be requested by the owner of affected real
property or the authorized representative of an owner of affected
real property.
32.3. Public
Hearings and Notice
32.3.1. Upon filing of an application for an amendment to the zoning ordinance
and/or map, the Planning and Zoning Commission shall call a public
hearing on said application.
32.3.2. Written notice of such hearing shall be sent to the owner of the
property or his agent and to all owners of real property lying within
two hundred (200) feet of the property on which the change in classification
is proposed, such notice to be given not less than ten (10) days before
the date of such hearing, to all such owners who have rendered their
said property for City taxes as the ownership appears on the last
approved City tax roll. Such notice may be served by depositing the
same, properly addressed and postage paid, in the City Post Office.
Where property lying within two hundred (200) feet of the property
proposed to be changed is located in territory which was annexed to
the City after the final date for making the renditions which are
included on the last approved City tax roll, notice to such owners
shall be given by one publication in the official newspaper at least
fifteen (15) days before the time of hearing. Failure of owners to
receive notice of hearing shall in no way affect the validity of action
taken.
32.3.3. If, at the conclusion of the hearing, the Planning and Zoning Commission
recommends amendment of this ordinance to the City Council, said recommendation
shall be by resolution of the Planning and Zoning Commission carried
by the affirmative votes of not less than a majority of its total
membership present and voting. A copy of any recommended amendment
shall be submitted to the City Council and shall be accompanied by
a report of findings, summary of hearing and any other pertinent data.
32.3.4. If, after public hearing, the Planning and Zoning Commission recommends
denial of an application, the applicant may appeal said determination
to the City Council by filing a written notice of appeal with the
City Clerk within ten (10) days after the determination of the Planning
and Zoning Commission.
32.3.5. The Planning and Zoning Commission may recommend denial of an application
with or without prejudice against the applicant to refile the application.
If the Commission recommends denial of the application and fails to
clearly state the same is being denied with prejudice, then it shall
be deemed that said application is being recommended for denial without
prejudice against refiling. If it is later determined by the Commission
that there has been a sufficient change in circumstances regarding
the property or in the zoning application itself, it may waive the
waiting period and grant a new hearing. Newly annexed land which has
been given Agricultural zoning is exempt from the one (1) year waiting
period.
32.4. Action
of the City Council
32.4.1. If the Planning and Zoning Commission has recommended approval of
an application or if the Planning and Zoning Commission has recommended
denial of an application and a notice of appeal has been filed pursuant
to Section 32.3.4, the City Council shall set said application for
public hearing and shall give notice of the time and place of the
hearing by one (1) publication in the official newspaper at least
fifteen (15) days prior to such hearing, and in addition shall send
written notices to the owner of the property or his agent, and to
all owners of real property lying within two hundred (200) feet of
the subject property pursuant to Section 32.3.2.
32.4.2. If the Planning and Zoning Commission has recommended to the City
Council that a proposed amendment be disapproved, the City Council
may refuse to adopt the amendment by a simple majority vote of the
Councilmen present and voting. However, in order to adopt the amendment
which has been recommended for disapproval by the Planning and Zoning
Commission, the amendment shall not become effective except by the
favorable vote of three-fourths (3/4) of all members of the City Council
of the City of Paradise present and voting.
32.4.3. When the Planning and Zoning Commission has recommended to the City
Council that a proposed amendment be approved, the City Council may
disapprove the petition or application for amendment by a simple majority
vote of the City Councilmen present and voting. In the event of a
tie vote of the City Councilmen present and voting, the Mayor may
cast the deciding vote.
32.4.4. In the case of a protest against an amendment to the ordinance signed
by the owners of twenty percent (20%) or more either of the area of
the lots or land included in such proposed change, or of the area
of the lots or land immediately adjoining the area included in the
proposed change and extending two hundred (200) feet from that area,
such amendment shall not become effective except by the favorable
vote of three-fourths (3/4) of all members of the City Council of
the City of Paradise.
32.4.5. In making its determination, the City Council shall consider the
following factors:
32.4.5.1. Whether the uses permitted by the proposed change will be appropriate
in the immediate area concerned and their relationship to the general
area and the city as a whole.
32.4.5.2. Whether the proposed change is in accord with any existing or proposed
plans for providing public schools, streets, water supply, sanitary
sewers and other utilities to the area and shall note the findings.
32.4.5.3. The amount of vacant land currently classified for similar development
in the vicinity and elsewhere in the city, and any special circumstances
which may make a substantial part of such vacant land unsuitable for
development.
32.4.5.4. The recent rate at which land is being developed in the same zoning
classification as the request, particularly in the vicinity of the
proposed change.
32.4.5.5. The manner in which other areas designated for similar development
will be, or are likely to be, affected if the proposed amendment is
approved, and whether such designation for other areas should also
be modified.
32.4.5.6. Any other factors which will substantially affect the public health,
safety, morals or general welfare.
32.4.6. In considering a motion to deny a zoning application, or upon voting
to deny a zoning application, the City Council shall further consider
whether said application shall be denied with or without prejudice
against refiling. If the City Council shall deny the application and
fail to clearly state the same is being denied with prejudice, then
it shall be deemed that said application is being denied without prejudice
against refiling. If an application is denied with prejudice, no application
may be filed for all or a part of the subject tract of land for a
period of one (1) year from the date of denial by the City Council.
If it is determined by the Planning and Zoning Commission that there
has been a sufficient change in circumstances regarding the property
or in the zoning application itself, it may waive the waiting period
and grant a new hearing. Newly annexed land which has been given Agricultural
zoning is exempt from the two (2) year waiting period.
32.5. Effect
of Denial of Petition.
In case an application for an
amendment to the Zoning Ordinance is denied by the Planning and Zoning
Commission, and no appeal therefrom is taken to the City Council,
or in case an application for an amendment to the Zoning Ordinance
is denied by the City Council, (in either of said events), said application
shall not be eligible for reconsideration for one (1) year subsequent
to such denial. A new application affecting or including all or part
of the same property must be substantially different from the application
denied, in the opinion of the Planning and Zoning Commission, to be
eligible for consideration within one (1) year of the denial of the
original application.
In the event a reapplication affecting the same land is for
a zone that will permit the same use of the property as that which
would have been permitted under the denied application, the same shall
not be considered as being substantially different from the application
denied.
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32.6. Final
Approval and Ordinance Adoption.
If the amending ordinance
is not approved within six (6) months from the time of its original
consideration, the zoning request, at the option of the City Council,
may be recalled for a new public hearing.
32.7. Changes
in Zoning Regulations.
Amendments to the Zoning Ordinance
not involving a particular property but involving a change in the
zoning regulations generally do not require notice to individual property
owners. In such cases, notice of the required public hearing shall
be given by publication in the official newspaper of the city, stating
the time and location of the public hearing, which time shall not
be earlier than fifteen (15) days from the date of such publication.
(Ordinance 99-41 adopted 11/2/99)
The City Council shall establish a schedule of fees, charges,
and expenses, and a collection procedure for building permits, certificates
of zoning compliance, appeals, and other matters pertaining to this
ordinance. The schedule shall be posted in the office of the administration
official and may be altered or amended only by the City Council.
No permit, certificate, special exception, or variance shall
be issued unless and until such costs, charges, fees, or expenses
have been paid in full, nor shall any action be taken on proceedings
before the Board of Adjustment unless or until preliminary charges
and fees have been paid in full. The exact charge for the following
services will be established by separate ordinance:
a. For docketing
a zoning petition with the City of Paradise.
b. For docketing
an application for relief with the Board of Adjustment of the City
of Paradise.
(Ordinance 99-41 adopted 11/2/99)
Any person or corporation violating any of the provisions of
this ordinance shall upon conviction be fined a sum not to exceed
two thousand dollars ($2,000.00) per day and each and every day that
the provisions of this ordinance are violated shall constitute a separate
and distinct offense. In addition to the said penalty provided for,
the right is hereby conferred and extended upon any property owner
owning property in any district where such property owner may be affected
or invaded by a violation of the terms of the ordinance to bring suit
in such court or courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity in the protection of
the rights of such property owners.
(Ordinance 99-41 adopted 11/2/99)
If any section, paragraph, subdivision, clause, phrase, or provision
of this ordinance shall be adjudged invalid or held unconstitutional,
the same shall be severed from and shall not affect the validity of
this ordinance as a whole or any part or provision thereof other than
the part so dedicated to be invalid or unconstitutional. To the extent
any provision of this ordinance conflicts with other ordinances of
the City of Paradise, the terms of this ordinance shall control.
(Ordinance 99-41 adopted 11/2/99)
This ordinance shall be effective upon the posting and/or publication
of its caption as required by law and the City Secretary is hereby
directed to implement such posting and/or publication.
(Ordinance 99-41 adopted 11/2/99)